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" 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 American and English Railroad Cases: A Collection of All the Railroad ... - Σελίδα 397
επεξεργασία από - 1885
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The Code of Civil Procedure of the State of New York: Reported ..., Τόμος 2

New York (State). - 1850 - 920 σελίδες
...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...

Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 σελίδες
...issue, must produce the evidence to prove it. § 488. The burthen of proof in the whole action lies on the party, who would be 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...

Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Τόμος 1

Kentucky - 1851 - 548 σελίδες
...issue, must produce the evidence to prove it. § 488. The burthen of proof in the whole action lies on the party, who would be 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...

The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 σελίδες
...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...the adverse party will then produce his evidence. 4. The parties shall then be confined to rebutting evidence, unless the court for good reasons in furtherance...

The Statutes of the Territory of Kansas

Kansas - 1858 - 482 σελίδες
...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 will then be confined to rebutting...

General Laws of the Territory of Kansas

Kansas - 1859 - 726 σελίδες
...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 parties will then be confined to...

Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - 1859 - 464 σελίδες
...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 then be...

Session Laws

North Dakota - 1862 - 640 σελίδες
...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 then be...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 16

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1862 - 622 σελίδες
...evidence he expects to offer in support of it. " Third. The party on whom rests the burden of the issues must first produce his evidence ; the adverse party will then produce his evidence. [This order would be followed, naturally, in pursuing the introduction of further evidence by the parties,...

Acts of the State of Ohio, Τόμος 65

Ohio - 1868 - 354 σελίδες
...support of it. 3d — The party who would be defeated if no evidence were offered on either side, mr.st first produce his evidence; the adverse. party will then produce his evidence. 4th — The parties shall then be confined to rebutting evidence, unless the court, for good reasons...




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