 The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.  The Southwestern Reporter - 358 페이지1913전체보기 - 도서 정보
 | Abraham Clark Freeman - 1891 - 1028 페이지
...453; or, as the rule haa been otherwise stated, " the burden of proof in the whole action lies upon the party who would be defeated if no evidence were given on either side ": Royal Int. Co. v. Schwing, 87 Ky. 410. Thus, where a plaintiff seeks to have a deed canceled for... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - 1894 - 882 페이지
...for the plaintiff to open and close in all cases.2 The general rule is sometimes stated as follows: The party who would be defeated if no evidence were given on either side must first produce his evidence, and has the right to open and close.3 § 539. When the rule applies... | |
 | Kentucky - 1895 - 796 페이지
...it. (And introduce evidence first, sec. 317.) § 526 i"7i Burthen of proof — who has. The burthen of proof in the whole action lies on the party who...defeated if no evidence were given on either side. § 526. (1) Burden of proof. See notes page 175. (2) Denial of ownership of note sued on places burden... | |
 | Kentucky - 1895 - 800 페이지
...introduce evidence, first, sec. ,{17.} § 526 its TI Burthen of proof — who has. The hurthen of proof iu the whole action lies on the party who would be defeated if no evidence were given on either side. §526. (I) Burden of proof. See notes page 175. (2) Denial of ownership of note sued on places burden... | |
 | California, James Henry Deering - 1897 - 1066 페이지
...the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side. Burden of proof: Sec. 1869. § 1982. The party producing a writing as genuine which has been altered,... | |
 | 1898 - 1248 페이지
...In the following order, unless the court for special reasons otherwise direct: • • • Third— The party who would be defeated, If no evidence were given on either side, must first produce his evidence. • • • The parties may then submit or argue the case to the Jury.... | |
 | Martin L. Newell - 1898 - 1136 페이지
...therefore they were entitled to open and close the case. Section 283 of the code [Nebraska] provides that the party who would be defeated if no evidence were given on either side must first product- hievidence. In other words, the party holding the affirmative of the issue ientitled... | |
 | 1902 - 1036 페이지
...gone against the appellant on account of the admissions which it made. Section 526, Civ. Code Prac., provides that "the burden of proof in the whole action...defeated if no evidence were given on either side." This provision of the Code is clear, and defines the rule for the government of courts in determining... | |
 | Kentucky - 1902 - 1282 페이지
...an issue must produce the evidence to prove it. ^* § 526 [587]. Burthen of proof . — The burthen of proof in the whole ' action lies on the party who...defeated if no evidence were given on either side. * The burthen of proof, \, generally; II, in actions for malicious prosecutions; III, in willtasfs.... | |
 | John Cleland Wells, William Pope Duvall Bush, Edward Warren Hines, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1903 - 1154 페이지
...against the appellant on account of the admissions which it made. Section 636, Civil Code of Practice, provides that "the burden of proof in the whole action...defeated if no evidence were given on either side." This provision of the Code is clear, and defines the rule for the government of courts In determining... | |
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