 | Arkansas. Supreme Court - 1916 - 660 str.
...issue must produce the evidence to prove it," and that "the burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side." Kirby's Digest, § § 3106-7. In the American and English Encyclopedia of Law (Vol. V, page 22) the... | |
 | Arkansas. Supreme Court - 1916 - 700 str.
...with the ward of appellant. The statute provides that "The burden of proof in the whole action lies on the party who would 'be defeated, if no evidence were given on either side" (section 3107, Kirby's Digest), and also that it is the duty of the guardian of a person of unsound... | |
 | Arkansas. Supreme Court - 1907 - 658 str.
...Kirby's Digest, § 6196. It further declares that "the burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side." Kirby's Digest, § 3107Now, the promissory note executed by the defendant was the basis of the plaintiff's... | |
 | Arkansas. Supreme Court - 1906 - 664 str.
...Ark. 212; 13 Ark. 317. /. H. Harrod, for appellee. The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side. Kirby's Dig. § 3Io7. WOOD, J., (after stating the facts.) Appellant urges that the court erred in... | |
 | Indiana - 1888 - 1024 str.
...evidence he expects to offer in support of it. Third. The party on whom rests the burden of the issues ufficiency which may then be rebutted. Fourth. When the evidence is concluded, and either party desires special... | |
 | 1889 - 980 str.
...HELD — Under the Civil Code, which provides that " the burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side," and which also provides that " in the argument the party having the burden of proof shall have the... | |
 | J. C. Wells, Edward Warren Hines, Frank L. Wells, Horace C. Brannin, William Cromwell, William Jefferson Chinn, Walter G. Chapman, William Pope Duvall Bush, Finlay Ferguson Bush, R. G. Higdon, Thomas Robert.. McBeath - 1889 - 1158 str.
...from the defendant and not from the plaintiff. ¿. The burden of proof in the whole action lies on the party who would be defeated if no evidence were given on either side. diately cease and determine. " Held — That the burden of proof was on the defendant, and that it... | |
 | Abraham Clark Freeman - 1891 - 1028 str.
...453; or, as the rule haa been otherwise stated, " the burden of proof in the whole action lies upon the party who would be defeated if no evidence were given on either side ": Royal Int. Co. v. Schwing, 87 Ky. 410. Thus, where a plaintiff seeks to have a deed canceled for... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - 1894 - 882 str.
...for the plaintiff to open and close in all cases.2 The general rule is sometimes stated as follows: The party who would be defeated if no evidence were...given on either side must first produce his evidence, and has the right to open and close.3 § 539. When the rule applies — Damages. — This rule applies... | |
 | Indiana, Harrison Burns - 1894 - 1050 str.
...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, which may then be rebutted. The order in which evidence may be introduced is generally in the discretion... | |
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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. 
