...December 29, 1SD1. Plea, the general issue. The defense was that the deed was a mortgage. The court instructed the jury that the burden of proof was upon the plaintiff to establish the character of the deed. The learned circuit judge was in error. The onus probandl Is «pou...

...secure the amount of the Indebtedness Incurred for furnishing the lumber. We are also of opinion that the court correctly Instructed the Jury that the burden of proof was on the defendant to show by a preponderance of the evidence that the land upon which the lien is claimed...

...iba death occurred according to the requirements of the policy"; whereas, '4he court should have told the jury that the burden of proof was upon the plaintiff to show, from all the evidence, that the death of the Insured was caused by external violence and accidental...

...under the twenty-fifth assignment of error that the court erred in its charge in failing to instruct the jury that the burden of proof was upon the plaintiff to establish by a preponderance of evidence the allegations contained in the petition. There was no distinct...

...and its value at the time of the taking. The defendants contended, and asked the court to instruct the jury, that the burden of proof was upon the plaintiff to satisfy the jury by a preponderance of testimony that the defendant officer, in making the attachment,...

...the Plaintiff was entitled to recover. At the request of the Defendant's counsel, the Judge charged the jury that the burden of proof was upon the Plaintiff to prove the pecuniary injury, and such facts as could enable the jury to determine what would be a fair...

...October. In fact, he was the only treasurer defendant had, and performed all the duties required of him. 2. The court correctly instructed the jury that the burden of proof rested upon the defendant to show sufficient cause for plaintiff's discharge from its employment Mllligan...

...preponderance of the evidence that defendant was negligent, although the court had in its main charge instructed the jury that the burden of proof was upon the plaintiff to establish by a preponderance of the evidence the material allegations of his petition. Id. 27. Charges...

...care on the part of defendant." Presumptions are matters relating to evidence. Now, when the court Instructed the Jury that the burden of proof was upon the plaintiff to show that the runway upon which plaintiff worked was defective, it in effect told them that the law...

...think there was no error in the charge given. [3, 4] The court, at the instance of appellee, charged the Jury that the burden of proof was upon the plaintiff to show the existence of Insanity at the very time the deed was executed before they could find for appellant...