 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 - Page 3781904Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...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. § 1794. The party producing a writing, as genuine, which has been altered, or appears to have been... | |
 | Kentucky - 1851 - 548 pages
...party holding the affirmative of an issue, must produce the evidence to prove it. § 488. The burthen of proof in the whole action lies on the party, who...defeated if no evidence were given on either side. § 489. Where a writing purporting to have been executed by one of the parties, is referred to in and... | |
 | Kentucky - 1851 - 544 pages
...party holding the affirmative of an issue, must produce the evidence to prove it. § 488. The burthen of proof in the whole action lies on the party, who...defeated if no evidence were given on either side. § 489. Where a writing purporting to have been executed by one of the parties, is referred to in and... | |
 | District of Columbia - 1857 - 788 pages
...briefly state his defence, and may briefly state the evidence he expects to offer in support of it. 3. The party who would be defeated if no evidence were given on either side, must first produce his evidence ; the adverse party will then produce his evidence. 4. The parties... | |
 | Kansas - 1858 - 482 pages
...briefly state his defence, and may briefly state the evidence he expects to offer in support of it. 3. The party who would be defeated, if no evidence were given on either side, must first produce his evidence, [and] the adverse party will then produce his evidence. 4. The parties... | |
 | Kansas - 1859 - 726 pages
...state his defence, and may briefly state the evidence he expects to offer in support of jt. Third, The party who would be defeated, if no evidence were given on either side, must first produce his evidence, and the adverse party will then produce his evidence. Fourth, The... | |
 | Nebraska - 1859 - 464 pages
...briefly state his defence, and may briefly state the evidence he expects to offer in support of it. 3. The party who would be defeated if no evidence were given on either side, must first procure his evidence; the adverse party will then produce his evidence. 4. The parties will... | |
 | North Dakota - 1862 - 640 pages
...briefly state his defence, and may briefly state the evidence he expects to offer in support of it. 3. The party who would be defeated, if no evidence were given on either side, must first procure his evidence ; the adverse party will then produce his evidence. 4. The parties... | |
 | Wyoming - 1870 - 808 pages
...briefly state hit defense, and may briefly state the evidence he expects to offer to support it. Third, The party who would be defeated, if no evidence were given on either side, must first produce his evidence ; the adverse party will then produce his evidence. request instructions... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 pages
...affirmative of the produced iesue 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. writing 1982. The party producing a writing as genuine who to' which has been altered, or appears to... | |
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