 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 - Página 1441902Visualização integral - Acerca deste livro
 | California. Supreme Court - 1906 - 750 páginas
...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. ' ' While the logic of this section seems a little obscure, the conclusion is in harmony with section... | |
 | New York (State). Commissioners of the Code, David Dudley Field - 1998 - 3652 páginas
...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 altered,,... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 992 páginas
...party having the burden of proof shall have the conclusion in the argument ; and, section 526 further provides that, "The burden of proof in the whole action....defeated if no evidence were given on either side." If, therefore, the burden of proof was upon the appellant, he was entitled to the closing argument,... | |
 | California - 1925 - 608 páginas
...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. 1982. The party producing a writing as genuine which has been altered, or appears to have been altered,... | |
 | California. Industrial Accident Commission - 1914 - 968 páginas
...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." CCP section 1981. lu support of his contention that there was an accident and an injury we have the... | |
 | Philippines - 1986 - 614 páginas
...affirmative allegations." The last part of the same provision also provides that: "The bun-en of proof lies on the party who would be defeated if no evidence were given on either side." It must be borne in mind that in this jurisdiction, fraud is never presumed. FftAus EST IDIOSA ET NON... | |
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