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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 Northwestern Reporter - Strana 349
1885
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The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 str.
...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 of the General Assembly of the Commonwealth of Kentucky, Passed, Svazek 1

Kentucky - 1851
...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 Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851
...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 - 1857 - 699 str.
...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 - 1858
...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 - 1859
...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 - 1859
...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 ..., Svazek 2

Ohio - 1860 - 1912 str.
[ Omlouváme se, ale obsah této stránky je nepřístupný. ]
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Session Laws

North Dakota - 1862
...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 ..., Svazek 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
...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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