...house and lot December 29, 1891. Plea, the general issue. The defense was that the deed was a mortgage. The court instructed the jury that the burden of proof was upon the plaintiff to establish the character of the deed. The learned circuit judge was in error. The onus probandi is upon...

...settlement, which was established in their suit against the Hammond estate upon their contract with Hammond. The court instructed the jury that the burden of proof was upon the plaintiff to make out his case. The plaintiff's counsel insists that the burden of proof was upon the defendants...

...to public policy. This having been conclusively established by the evidence, the court should have instructed the jury that the burden of proof was upon the plaintiff to show that he was a bona fide holder, iind that he purchased the note without knowledge of the corrupt and...

...for use in connection with the 80 rods not worked. 3. Plaintiff contends that the court improperly instructed the jury that the burden of proof was upon the plaintiff to show that the highway was not a lawful road. The court said to the jury upon this subject : "Now, upon the...

...erroneous. Whether he was careful and prudent was a matter of his own concern. The circuit court also instructed the jury that the burden of proof was upon the plaintiff to show the negligence of the defendant, and his own freedom from negligence ; and, unless they were satisfied...

..."never, in fact, had a legal existence." To the same effect is Perry v. Railway Co. 5 Cold. (Tenn.) 136. The court instructed the jury that the burden of proof was upon the plaintiffs in error to show that their debt from defendant in error was not barred by his discharge...

...was not himself in fault, as to prove that the defendants were guilty of negligence." But the judge instructed the jury " that the burden of proof was upon the plaintiff to show that the injury sustained by him, if any, was attributable solely to the negligence of the defendants...

...facts, directly controlling a material branch of the issue. IV. The court erred in declining to instruct the jury that the burden of proof was upon the plaintiff to satisfy them that he was free from any negligence contributing to the injury. (1.) The proposition...

...for the same prices charged by the plaintiff to the defendant ; which evidence the court admitted. " The court instructed the jury that the burden of proof was upon the defendant to overturn or control the auditor's report. " To all of which rulings the defendant...

...who tried the cause so instructed the jury ; but in the course of the charge, he further stated to the jury, that the burden of proof was upon the plaintiff to prove negligence 178 in the defendants, that being the gist of the case ; but that when the defendants...