Harrison v. Davidson

By JUDGE THOMAS J. MIDDLETON

At trial on October 22, 1990, the Court indicated that the disposition of this case would depend upon whether the burden of proof of detinue is by a preponderance of the evidence or by clear and convincing evidence.

In a detinue action, the plaintiff must prove the elements of his cause of action by a preponderance of the evidence. Flax v. Monticello Realty Co., 185 Va. 474, 477 (1946); Yeary v. Holbrook, 171 Va. 266, 284 (1938); 7B M.J., Evidence, § 29. The Court finds that plaintiff has done so. Accordingly, judgment shall be entered for plaintiff requiring…