 | 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 - Law reports, digests, etc - 1861 - 700 pages
...evidence, introduced his titledeeds. The first instruction to the jury was, that the plaintiff must show, by a preponderance of evidence, that he was the owner of the land, &c. The first point upon which a special finding was returned was, that the plaintiff was the... | |
 | Criminal law - 1884 - 680 pages
...beyond a reasonable doubt. State t>. De Ranee (La.), 14 Reporter, 208. Maine. — The burden is on the defendant to prove by a preponderance of evidence that he was laboring under such a defect of reason as not to know the nature and quality of the act he was doing,... | |
 | Frederick Sackett, Martin L. Newell - Instructions to juries - 1888 - 836 pages
...note that is made and delivered, was given for a good and valuable consideration; and, in this case, the burden is upon the defendant to prove, by a preponderance of the evidence, that the note in question was given without consideration, and unless he has done this,... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1899 - 870 pages
...stock was the broken package of domestic tobacco. In reference to this counter-claim his Honor charged: The burden is upon the defendant to prove by a preponderance of the evidence that the broken package of tobacco came into the possession of the plaintiffs and without... | |
 | Texas. Court of Civil Appeals - Law reports, digests, etc - 1903 - 738 pages
...against an insurance company for the value of property destroyed by fire plaintiff's petition must allege that he was the owner of the property at the date of the contract of insurance. 4, — Appeal — Suggestion of Delay — Fundamental Error. Where an insurance... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, Basil Jones, James Max Henderson, Ray Smith - Law reports, digests, etc - 1917 - 726 pages
...note that is made and delivered, was given for a good and valuable consideration; and in this case, the burden is upon the defendant to prove by a preponderance of the evidence that the note in question was given without consideration, and unless they have done this... | |
 | Law reports, digests, etc - 1921 - 958 pages
...of contributory negligence; and, if the defendant relies upon contributory negligence as a defense, the burden is upon the defendant to prove by a preponderance of the evidence that the plaintiff was guilty of contributory negligence." The question just stated must... | |
 | Law reports, digests, etc - 1922 - 1206 pages
...window with the intent and purpose of killing himself, and the court further instructs the jury that the burden is upon the defendant to prove by a preponderance of the evidence that laid Harry C. Griffith intentionally threw himself from the window with the intent... | |
 | Missouri. Supreme Court - Law reports, digests, etc - 1922 - 868 pages
...window with the intent and purpose of killing himself, and the court further instructs the jury that the burden is upon the defendant to prove by a preponderance of the evidence that said Harry C. Griffith intentionally threw himself from the window with the intent... | |
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This is known as the defense of contributory negligence. To establish this defense, unless it is made to appear from plaintiffs... 
