Legal Opinion

Holmes v. Riley

Supreme Court of Kansas

Decided January 15, 1875PublishedCited by 2 opinions

-Error from Atchison District Court. Riley brought an action against Holmes upon a certain promissory note. The petition set forth a copy of said note. Holmes made and filed his answer thereto, verified by affidavit, denying the execution of said note, and denying that Riley was the owner thereof, or that he'ever purchased the same before maturity, or paid any. value therefor. Reply, general denial.

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-Error from Atchison District Court. Riley brought an action against Holmes upon a certain promissory note. The petition set forth a copy of said note. Holmes made and filed his answer thereto, verified by affidavit, denying the execution of said note, and denying that Riley was the owner thereof, or that he'ever purchased the same before maturity, or paid any. value therefor. Reply, general denial. Trial at the November Term 1873. Riley offered in evidence said note, to the introduction of which Holmes objected, which objection was overruled, and said note was received and read to the jury.…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

*1331. Proof of ex-ecútion of note. *132This was an action on a promissory note. The answer denied under oath the execution of the note. *133Upon the trial the court permitted the plaintiff to read the note in evidence without any proof of its execution, and charged the jury that the onus probandi was on the defend-ant to show that he did not execute it. This was clearly wrong. The plaintiff alleged the execution of the note. By the sworn denial, that execution was put in issue, and on that issue the plaintiff had the affirmative.

2. Deposition;…

2Cited by2 opinions

  1. First National Bank v. CarsonNebraska Supreme Court · 1890
  2. Donovan v. FowlerNebraska Supreme Court · 1885

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