 | New Jersey. Supreme Court - 1916 - 848 pages
...bankruptcy proceeding shows a debt for $271.85 to C. Ferger, stated to be for merchandise and hence the burden of proof was on the defendant to show that the debt sued on was the one listed in the schedule even though it appeared in evidence that the account... | |
 | Alabama. Supreme Court - 1894 - 744 pages
...1. Remarks of counsel, proper. — It was proper for plaintiff's counsel to say, in his argument to the jury, "that the burden of proof was on the defendant to acquit himself of negligence ; that the law was reasonable, because, if it were otherwise, plaintiff... | |
 | Philip Eastman - 1849 - 790 pages
...appeared, that the plaintiff was one of two assignees of the effects of the acceptor, it was held, that the burden of proof was on the defendant to show, that the plaintiff, as assignee, had funds in his hands, for the payment of the draft, wholly or in part. Fi^ke... | |
 | Francis Hilliard - 1859 - 594 pages
...action against the defendant for those words, to which the defendant pleaded a justification. Held, the burden of proof was on the defendant, to show that the plaintiff's affidavit was false, though the proof involved a negative.9 So, in an action of slander,... | |
 | Massachusetts. Supreme Judicial Court - 1862 - 668 pages
...the purchaser, and there was in fact no rescission of the sale, the defendant was liable ; and that the burden of proof was on the defendant, to show that the goods had been so retaken or rctransferrcd, as to discharge him from liability on the note. THIS was... | |
 | 1863 - 804 pages
...opinion, show at the hearing that the abstract was of such a character as to entitle him to disregard it. The burden of proof was on the defendant to show that the abstract was imperfect. He difference in the two cases was this: In the one case, if a perfect abstract... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 652 pages
...months before the election. It being proved that his domicil was thus at Kingston, the court instructed the jury, that the burden of proof was on the defendant, to satisfy them, affirmatively and beyond a reasonCommonwealth v. Bradford. able doubt, that, on the 11th... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 1310 pages
...months before the election. It being proved that his domicil was thus at Kingston, the court instructed the jury, that the burden of proof was on the defendant, to satisfy them, affirmatively and beyond a reasonCommonwealth t>. Bradford. able doubt, that, on the... | |
 | Henry A. Littleton, Joel Sherland Blatchley - 1868 - 790 pages
...cancelling of the policy did not discharge the note, so far as it was already liable for losses; and that the burden of proof was on the defendant to show that the agent had authority, express or implied, to promise the surrender of the note ; and that he would not... | |
 | New York (State). Court of Appeals, Hiram Edward Sickels - 1872 - 788 pages
...negligence, and that the defendants' case must then be exhausted. The court thereupon decided, that the burden of proof was on the defendant, to show that the destruction of the cotton by fire was not caused by negligence on its part. This was error. Although... | |
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The substance and effect of this instruction was to tell the jury that the burden of proof was on the defendant to show that the machinery furnished was defective. 
