Maxcy v. Peavey Publishing Co.

The evidence and findings in this case are very unsatisfactory. This is recognized in the opinion of the judge wherein he says: “It is pretty hard to draw any conclusion with any degree of certainty from the testimony as to how much the company owed Peavey at the time of the service of the summons.”

The onus was on the plaintiff to establish fhe essential facts entitling him to recovery by a preponderance of the evidence.

*406The only evidence in the case is that of the defendant Peavey, given on the trial, and certain testimony theretofore given by him in other cases involving different issues and…