| Alabama. Supreme Court - 1895 - 830 σελίδες
...instead of a deed or conveyance, then the jury must find for the defendant." (4) "The court charges the jury that the burden of proof is upon the plaintiff to show that a subsequent verbal modification of the contract sued upon was entered into by the parties to... | |
| Illinois. Appellate Court, James Bolesworth Bradwell - 1879 - 714 σελίδες
...of the peace for collection prior to the 19th day of April, 1872." The People v. Price et al. •t. "The court instructs the jury that the burden of proof is upon the plaintiffs to show by evidence that the claims here sued 011 were placed in the hands of Hess after... | |
| 1900 - 1242 σελίδες
...instruction applying the law to the issues raised by defendant's pleas and the evidence, and then charged the jury that "the burden of proof Is upon the plaintiff to show his right to recover by a preponderance of the evidence." It will be noted from the paragraph of the... | |
| 1900 - 1308 σελίδες
...for the defendant, it erred in giving instruction C, for the reason that it cast the burden of proof upon the plaintiff "to show by a preponderance of the evidence the existence of an agreement between herself and the said Daniel Morgan, deceased, that said Daniel Horgan... | |
| 1902 - 1302 σελίδες
...may believe, under all the evidence, to be false or untrue, whether intentionally false or not (3) The court Instructs the Jury that the burden of proof Is upon defendant in this case, and, unless the Jury believe from the evidence that defendant has established... | |
| Arkansas. Supreme Court - 1913 - 760 σελίδες
...in refusing to give instruction numbered 6 asked by them. The instruction is as follows: "The burden of proof is upon the plaintiff to show by a preponderance of the evidence that the defendant accepted plaintiff's counter proposition." There was no error in this.... | |
| Frederick Sackett, Martin L. Newell - 1888 - 836 σελίδες
...himself pay over the balance to the debtor. § 2. Burden of Proof. — Upon the question of tender, the court instructs the jury, that the burden of proof is upon the defendant, and to entitle him to a verdict upon that issue, it must appear, by a preponderance... | |
| North Carolina. Supreme Court - 1891 - 952 σελίδες
...seventh, and the plaintiff excepted. The Court charged the jury as follows: "In this case the burden of proof is upon the plaintiff to show, by a preponderance of the evidence, that he was injured by the negligence of the defendant, and if he has not so convinced the... | |
| Missouri. Courts of Appeals - 1891 - 790 σελίδες
...Clark v. Kitchen, 52 Mo. 316) held that the giving of the following instruction was not erroneous : " The court instructs the jury that the burden of proof is upon the plaintiff, and unless he satisfies the jury, by the preponderance of testimony, that he is the... | |
| Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1892 - 702 σελίδες
...the end of the term so agreed upon the plaintiff left the employ of the defendant, then the burden of proof is upon the plaintiff to show by a preponderance of the evidence that he left with the defendant's consent or was discharged by him, or that the plaintiff... | |
| |