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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 ... - Page 397
edited by - 1885
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...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...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...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...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...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...
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The Revised Code of the District of Columbia

District of Columbia - Law - 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...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...
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The Statutes of the Territory of Kansas

Kansas - Law - 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 will then be confined to rebutting...
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General Laws of the Territory of Kansas

Kansas - Session laws - 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 parties will then be confined to...
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - Session laws - 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 then be...
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The Revised Statutes of the State of Ohio, of a General Nature, in ..., Volume 2

Ohio - Law - 1860 - 986 pages
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Session Laws

North Dakota - Session laws - 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 will then be...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 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 - Law reports, digests, etc - 1862 - 622 pages
...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,...
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