Massengale & Co. v. Pounds

Simmons, Chief Justice.

Massengale & Co. brought their action of complaint against Mrs. Pounds on a promissory note. She pleaded payment, and on the trial of the case plaintiffs introduced evidence making out a prima facie case, and closed. The defendant introduced evidence to sustain her plea, and the plaintiff introduced eviidientete in rebuttal. At the conclusion of the evidence, defendant’s counsel moved the court to allow him to open and conclude the argument, admitting that the plaintiff had made out a prima facie case and that his client assumed the burden of proving that plaintiffs…