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Books Books 1 - 10 of 40 on It is unnecessary for us to pass upon the question as to whether the trial court....  
" It is unnecessary for us to pass upon the question as to whether the trial court was correct in holding that the burden of proof was on the defendants to show that the plaintiff... "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 101
by Massachusetts. Supreme Judicial Court - 1866
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 111

Alabama. Supreme Court - Law reports, digests, etc - 1897
...should have been made by special pleas in avoidance, and therefore should have been proved by them. The burden of proof was on the defendants to show that the foundations laid down in the law had not been observed. The commissioner's court being clothed with...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 42

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1863
...exceptions were taken, embraced substantially he folRanger r. Cury & others. owing propositions : 1 . That the burden of proof was on the defendants to show that the note was transferred after it was due and when dishonored, if they would avail themselves of a defence...
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court, Ephraim Williams, Dudley Atkins Tyng, Octavius Pickering, Theron Metcalf, Horace Gray, Luther Stearns Cushing, Charles Allen, Albert Gallatin Browne - Law reports, digests, etc - 1864
...innocence in which he was at the commencement of the trial It was lirld, that this was erroneous, and that the jury should have been instructed, that the burden of proof was upon the Commonwealth to prove the guilt of the de fendant ; that he was to be presumed innocent, unless...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 40

Oliver Lorenzo Barbour - Law reports, digests, etc - 1864
...on the part of the defendant, but ordinary care and diligence on his part." The court charged that the burden of proof was on the defendants to show that the plaintiff had not used ordinary care. It was held that the burden of proof was on the plaintiff to...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 22

Joseph S. Bosworth - Law reports, digests, etc - 1865
...respondent. I. The motion for a nonsuit at the close of the plaintiff's evidence, was properly denied. The burden of proof was on the defendants to show that the note had been protested. The averment of the complaint in the suit brought in the name pf plaintiff...
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court, Ephraim Williams, Dudley Atkins Tyng, Octavius Pickering, Theron Metcalf, Luther Stearns Cushing, Horace Gray, Charles Allen, Albert Gallatin Browne - Law reports, digests, etc - 1867
...instructions to the jury, in the present case, on the question of malice, were erroneous. In my opinion, the jury should have been instructed, that the burden of proof was on the government, and that tho prisoner could not be legally convicted of the crime charged, unless they...
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The American Reports: Containing All Decisions of General ..., Volume 16

Isaac Grant Thompson - Law reports, digests, etc - 1876
...plaintiff made out prima facie case by proof of the undertaking, error and damages, and that thereupon the burden of proof was on the defendants to show that the error was caused by some agency for which they were not liable. i submitted for the determination of...
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Criminal Procedure: Or, Commentaries on the Law of Pleading and ..., Volume 2

Joel Prentiss Bishop - Criminal procedure - 1880
...whether the defendant is guilty of the crime charged, they are bound to acquit him. ... In my opinion, the jury should have been instructed, that the burden of proof was on the goTernment, and that the prisoner could not be legally convicted of the crime charged, unless they...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 57

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1883
...respondent there was a brief by Hastings & Greene, and oral argument by Mr. Hastings. To the point that the burden of proof was on the defendants to show that the plaintiff could have obtained employment, they cited: Wood on M. & S., 238, 239, sec. 125; Barker v....
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