...enunciated by Mr. Justice McBrlde in the Spain Case. It Is said, however, that because the court instructed the jury that the burden of proof was upon the plaintiff to establish negligence of the defendant, and on the other hand the burden was upon the defendant to establish contributory...

...below, all the questions upon the main issue in the case were fairly submitted. The court very pointedly told the jury that the burden of proof was upon the plaintiff to show (1) that Mills was in fact the real prosecutor of the criminal proceedings against the plaintiff,...

...before argument to the Jury the defendant below, plaintiff In error here, asked the court to charge the jury that the burden of proof was upon the plaintiff to satisfy the Jury by a preponderance of the evidence that the notes were given for a valuable consideration;...

...suit. The assignment Is overruled. [2] There Is no merit In the second assignment. The court Instructed the jury that the burden of proof was upon the plaintiff to establish his case by a preponderance of the evidence, and It was proper to refuse a special charge to the effect...

...that the corn tendered was good, merchantable corn. The court refused this instruction and charged the jury "that the burden of proof was upon the plaintiff to satisfy them, by a preponderance of the evidence, that the corn tendered was not good, merchantable...

...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...

...plaintiff to have been negligent. Furthermore, in view of other instructions, which specifically directed the jury that the burden of proof was upon the plaintiff to establish a want of ordinary care, there is no room for the belief that the jury could have been misled. The...

...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, and that he purchased the note without knowledge of the corrupt...

...then he was not guilty of contributory negligence, and he might recover. Nowhere did the court tell the jury that the burden of proof was upon the plaintiff to establish that he had no knowledge of these defects. It was a very material matter in that case, and pertinent,...

...29, 1SD1. 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 probandl Is «pou him who asserts...