PROOF. The conviction or persuasion of the mind of a judge or jury, by the exhibi tion of evidence, of the reality of a fact al leged. Thus, to prove is to determine or per suade that a thing does or does not exist ; 8 Toullier, n. 2 ; Ayliffe, Parerg. 442 ; 2 Phil. Ev. 44, n. a ; Steph. Ev. 62 ; 1 Greenl. Ev. § 1; Schloss v. His Creditors, 31 Cal. 203; Per ry v. R. Co., 36 Ia. 106. Proof is the perfec tion of evidence ; for without evidence there is no proof, although there may be evidence which does not amount to proof : for ex ample, if a man is found murdered at a spot where another has been seen walking but a short time before, this fact will be evi dence to show that the latter was the mur derer, but, standing alone, will be very far from proof of it.
Ayliffe defines judicial proof to be a clear and evident declaration or demonstration of a matter which was before doubtful, con veyed in a judicial manner by fit and proper arguments, and likewise by all other legal methods: first, by proper arguments, such as conjectures, presumptions, indicia, and other adminicular ways and means; secondly, by legal methods, or methods according to law. such as witnesses, public instruments, and the like. Ayliffe, Parerg. 442 ; Aso & M.
Inst. b. 3, t. 7.
45 N. E. 770 ; Penn. M. Co. v. Hapgood, 141 Mass. 145, 7 N. E. 22 ; Holyoke Envelope Co. v. Envelope Co., 182 Mass. 171, 65 N. E. 54; Weatherford, M. W. & N. W. R. Co. v. Gran ger, 86 Tex. 350, 24 S. W. \ 795, 40 Am. St. Rep. 837; Wall v. Smelting Co., 20 Utah 474, 59 Pac. 399; Pratt v. Match Co., 89 Wis. 406, 62 N. W. 84. Other courts have held that a corporation may be estopped to deny that it is bound by the contract made by the promoter ; Blood v. Water Co., 113 Cal. 221, 41 Pat. 1017, 45 Pae. 252 ; Grape S. & V. Mfg. Co. v. Small, 40 Md. 395.
When a solvent trader converts his busi ness into a limited liability company, com plying with all the statutory requirements, the court will not go behind the transaction and 'decide that the company is not validly constituted on account of the nonfulfilment of conditions which are not found in the company's acts; [1897] A. C. 22. This ease sustains the validity of what are known in England as "one man companies." See Alger, Promoters ; Keener, Quasi-Con tracts ; PROSPECTUS.