Maxim 1.5.239
Where the number of witnesses is equal on both sides, the more worthy are to be believed.
Testibus deponentibus in pari numero dignioribus est credendum.
Source: 4 Inst. 279; Jackson
Difficulty 2/5 — Approachable
Explanation
When conflicting testimony is evenly balanced, the credibility and character of the witnesses determine which side prevails — quality of testimony outweighs quantity.
Where this applies
- Both sides present an equal number of witnesses and the court must decide who to believe.
- Two witnesses give conflicting testimony and their credibility is at issue.
Legal domains
Cite this maxim
NeCede Max. 1.5.239 — Where the number of witnesses is equal on both sides, the more worthy are to be believed. — 4 Inst. 279; Jackson (Testibus deponentibus in pari numero dignioribus est credendum.)
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