 | Ohio - Law - 1868 - 354 pages
...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... | |
 | Wyoming - Law - 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...the adverse party will then produce his evidence. request instructions to the jury on points of law, which shall be given or refused by the court ; which... | |
 | California - Civil procedure - 1872 - 698 pages
...to be issue must produce the evidence to prove it; there- g"^,,^ fore, the burden of proof lies on the party who would be defeated if no evidence were given on either side. NOTE. — Osberne vs. Hendrickson, 8 Cal., p. 81; Smith vs. Doe, 15 Cal., p. 101; Lisman vs. Early,... | |
 | Montana - Session laws - 1872 - 798 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. Fourth. The parties will then be confined to rebutting evidence, unless the court, for good reason,... | |
 | California - Civil procedure - 1872 - 774 pages
...affirmative of the iesne 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 eitiier side. KY С. С. Г. S IWS; Or. CCP 8 7T7. 8 Cal. 31 ; 15 Cal. M ; 26 Cal. 606. Vide § 2061,... | |
 | Law - 1918 - 498 pages
...exclusively by drinking carbolic acid, the burden being upon plaintiff to show these facts, appeals. The party who would be defeated, if no evidence were...given on either side, must first produce his evidence. Rev. St. 1913, § 7846. Assuming that the burden is upon the plaintiff to prove death, by accidental... | |
 | Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...expects to offer in support of it. 3. The party who would be defeated, if no evidence were offered on either side, must first produce his evidence ; 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... | |
 | Wyoming - Session laws - 1874 - 302 pages
...briefly state his 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 eithei side, must first produce his evidence ; the adverse party will then produce his evidence. Fourth,... | |
 | Wyoming - Dakota Indians - 1876 - 882 pages
...briefly state his claim, and may briefly state the evidence by which he expects to sustain it; Third, The party who would be defeated, if no evidence were...adverse . ' party will then produce his evidence; Fourth, The parties will then be confined to rebutting evidence, unless the court, for good reasons,... | |
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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. 
