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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 Southwestern Reporter - Page 378
1904
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...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. § 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, Volume 1

Kentucky - Law - 1851 - 548 pages
...party holding the affirmative of an issue, must produce the evidence to prove it. § 488. The burthen of proof in the whole action lies on the party, who...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 - Session laws - 1851 - 544 pages
...party holding the affirmative of an issue, must produce the evidence to prove it. § 488. The burthen of proof in the whole action lies on the party, who...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 - Law - 1857 - 788 pages
...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 ; the adverse party will then produce his evidence. 4. The parties...
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The Statutes of the Territory of Kansas

Kansas - Law - 1858 - 482 pages
...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...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859 - 726 pages
...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...
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - Session laws - 1859 - 464 pages
...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...
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Session Laws

North Dakota - Session laws - 1862 - 640 pages
...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...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

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 given on either side, must first produce his evidence ; the adverse party will then produce his evidence. request instructions...
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The Code of Civil Procedure: Of the State of California, Part 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...affirmative of the produced iesue 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. writing 1982. The party producing a writing as genuine who to' which has been altered, or appears to...
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