...say that we conceive the doctrine to be incorrect. The strict meaning of the term onus probandi ia this: that if no evidence is given by the party on...burden is cast, the issue must be found against him. In all cases this onus is imposed on the party propounding a will; it is in general discharged by proof...

...parte Walls, 64 Ind. 461 ; Wilder n. Coioles, 100 Mass. 487 ; Barnham v. Allen, 1 Gray ( Mass.) 500. The strict meaning of the term onus probandi is this,...burden is cast, the issue must be found against him. Davis i. Rogers, 1 Houst. (Del.) 95 ; Prevost v. Gratz, 6 Wheat. (US) 481 ; Costigan v. Railroad, 2...

...conceive the doctrine to be incorrect. The strict «пшргЛатМ, meaning of the term ' опил probandi ' is this ; that if no evidence is given by the party on whom, the burthen is cast, the issue must be found against *him. In all cases, this опт is imposed on the...

...correctly said by Baron Parke in this last case that "the strict meaning of the term '</ii'/n probana? is this, that if no evidence is given by the party...burden is cast, the issue must be found against him." Now when the proponent of a will offers the will and the record of its probate, a presumption is thereby...

...case, that the "strict meaning of the term 'onus probana!' Is this, that If no evidence Is offered by the party on whom the burden is cast, the Issue must be found against him." Now, when the proponent of a will offers the will and the record of its probate, a presumption Is thereby...

...the party propounding the will, we feel bound to say that we conceive the doctrine to be incorrect. The strict meaning of the term 'onus probandi' is...burden is cast, the issue must be found against him. In all cases the onus is on the party propounding the will; it is in general discharged by proof of...

...the party propounding the will,—we feel bound to say that we assume the doctrine to be incorrect. The strict meaning of the term onus probandi is this,...that if no evidence is given by the party on whom the burthen is cast, the issue must be found against him. In all cases the onus is imposed on the party...

...the party propounding the will, — we feel bound to say that we assume the doctrine to be incorrect. The strict meaning of the term onus probandi is this, that if no evidence is given by the part}' on whom the burden is cast, the issue must be found against him.1 In all cases the onus is imposed...

...will of a free and capable testator." But, said Parke B. (3), in delivering the judgment in that case, "the strict meaning of the term onus probandi is this,...that if no evidence is given by the party on whom the burthen is cast, the issue must be found against him. In all cases the onus is imposed on the party...

...Carver v. Carver, 97 Ind. 497, 511. Baron Parke in Barry v. Butlin, 1 Curt. Ecc. 638, declared that " the strict meaning of the term ' onus probandi ' is...party on whom the burden is cast the issue must be against him." See Baldwin v. Parker, 99 Mass. 79 (96 Am. Dec. 697). Another court defines "burden of...