 | California, Theodore Henry Hittell - 1876 - 986 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. 11.982. Writing altered, who to crplain. SEC. 1982. The party producing a writing as genuine which... | |
 | Nebraska, Guy Ashton Brown - 1881 - 838 str.
...briefly state his defense and may briefly state the evidence he expects to offer in support of it. Third. The party who would be defeated if no evidence were...the adverse party will then produce his evidence. Fourth. The parties will then be confined to rebutting evidence, unless the court foj good reasons... | |
 | California - 1881 - 878 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. Eurden of proof— see under ASTIBMATIVB ALLEGATIONS, sec. 133Эя: aannativo matter In answer, where,... | |
 | California - 1881 - 820 str.
...affirmative of the issue mast 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. 1. Burden of Proof in Criminal Cases. — Penal Code, sec. 1096, ante. 1982. The party producing a... | |
 | 1882 - 692 str.
...proceed in the following order, unless the court for tpecial reason» otherwise directe." * * " Third— The party who would be defeated if no evidence were...on either side,' must first produce his evidence." Code, Sec. 266. Upon the issues joined in the case, if there existed no special reasons authorizing... | |
 | 1904 - 1174 str.
...and special reason, otherwise directs: • * * * (3) The party on whom rests the burden of the issues must first produce his evidence; the adverse party will then produce his evidence. (4) The parties will then be confined to rebutting evidence, unless the court for good reasons, in... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1885 - 760 str.
...determined upon the petition itself." Then, after quoting section 283 of the code, which provides that " the party who would be defeated if no evidence were...the commissioners is full 'just compensation,' or else, that some other sum is, which it attempts to establish by testimony, and that upon payment or... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 724 str.
...for the property taken is to be determined upon the petition itself." Then, after quoting section 283 of the Code, which provides, ''the party who would...absence of evidence, because it is incumbent upon it ta establish affirmatively either that the award of the commissionersis full, just compensation," or... | |
 | 1901 - 1250 str.
...proof upon appellee. Section 526 of the Code provides: "The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side." Appellee admitted cutting the timber, and relied on a right to cut It If no proof had been given on... | |
 | 1894 - 1208 str.
...317, Civ. Code, which provides that "the party on whom rests the burthen of proof in the whole action must first produce his evidence; the adverse party will then produce his evidence." For the court first ruled that defendant had the burden of proof, and should first produce its evidence,... | |
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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. 
