Stronach v. . Bledsoe

Of the several exceptions taken by the appellant, it is necessary that we should notice but one, since that entitles him to a new trial; and the other exceptions being addressed to matters touching the evidence and the judge’s charge, may not again arise.

The point to be considered is, upon which party did the onus proband,i, as developed upon the record, lie? and as a corollary to that, which of the counsel had the right to open and conclude in the argument?

If this question were res integra, I, for one, should not hesitate to declare that it ought to be left, as a matter of discretion, to the…