Legal Opinion
Byrd v. Equitable Life Assurance Society
Supreme Court of Georgia
Decided February 18, 1938No. 12070PublishedCited by 21 opinions
1Opinion of the Court
Grice, Justice.
We deal first with the contention that the burden of proof was on the plaintiff. There is no merit in this contention. Of course, ordinarily the burden of proof is on the plaintiff in an equity ease, as was held in Guerry v. Perryman, 6 Ga. 119. And it is true, as held in Southern Mutual Building & Loan Association v. Perry, 103 Ga. 800 (30 S. E. 658), that an admission by the defendants in a proceeding to foreclose a negotiable mortgage note, that they executed the paper, and that the plaintiff is the owner ■ thereof, entitles the defendant to open- and conclude. But the ease…
2Cases cited17 opinions
- Dugan v. LewisTexas Supreme Court · 1891
- Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
- Turner v. PeacockSupreme Court of Georgia · 1922
- Southern Railway Co. v. StateSupreme Court of Georgia · 1902
- Tatum v. MorganSupreme Court of Georgia · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Federal Deposit Insurance Corporation, as Liquidator for the Hamilton National Bank of Chattanooga v. Lattimore Land CorporationCourt of Appeals for the Fifth Circuit · 1981
- Turpin v. North American Acceptance Corp.Court of Appeals of Georgia · 1969
- Byrd v. GoodmanSupreme Court of Georgia · 1943
- Walton v. JohnsonSupreme Court of Georgia · 1957
- National-Ben Franklin Insurance Co. of Pittsburgh, PA. v. PratherCourt of Appeals of Georgia · 1964
16 more not listed; retrieve them via the Exa API.