...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution. "5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt. "6. That evidence...

...is set at rest in this state by statute. Section 8028, Revised Codes, declares that in a civil case the affirmative of the issue must be proved, and when...made according to the preponderance of the evidence. (GeMert v. Quinn, 35 Mont. 451, 119 Am. St. Rep. 864, 90 Pac. 168.) Neither can it be questioned that...

...here. Section 8028, subdivision 5, Revised Codes, establishes the rule in this jurisdiction as follows: "In civil cases the affirmative of the issue must...made according to the preponderance of the evidence." Under this statute, fraud or lack of mental capacity may be established by a bare preponderance of...

...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution: ' ( V v r z evidence; that in criminal cases guilt must be established beyond a reasonable doubt; 6. That evidence...

...ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution; 5. That in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt; 6. That evidence...

...distrust, and the evidence of the oral admissions of a party with caution ; (5) that in civil actions the affirmative of the issue must be proved, and when...decision must be made according to the preponderance of evidence ; that in criminal actions guilt must be established beyond reasonable doubt ; (6) that evidence...

...court as a whole is free from prejudicial error because at the outset the court .instructed the jury that "in civil cases the affirmative of the issue...decision must be made according to the preponderance of evidence." "That a person is innocent of crime or wrong" (Code Civ. Proc., sec. 1963, subd. 1) is a...

...short of establishing want of due care on the part of plaintiff. The court instructed the jury that "the affirmative of the issue must be proved and when...decision must be made according to the preponderance of evidence. The weight of evidence, or preponderance of probability, is sufficient to establish a fact...

...subdivision 5 of section 2061 of the Code of Civil Procedure, providing that "in civil cases the affirmative must be proved, and when the evidence is contradictory...decision must be made according to the preponderance of evidence," said: "In other words 'the result should follow the preponderance of the evidence' (2 Wharton...

...affirmative of the issue must be proven. The affirmative of the issue in this case is upon the plaintiff. If the evidence is contradictory, the decision must be...made according to the preponderance of the evidence. It is your duty, however, if possible, to reconcile such contradiction, if any there be, with testimony...