Syme v. . Broughton
Supreme Court of North Carolina
IsstiE of devisavit vel non tried at January Term, 1880;- of Wake Superior Court, before Avery, J. On the trial the controversy was as to which of two paper 'writings, one dated the 17th of July and the other dated the 11th of July, 1876; was the last will- and testament of W. 0. Lougee, deceased.
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IsstiE of devisavit vel non tried at January Term, 1880;- of Wake Superior Court, before Avery, J. On the trial the controversy was as to which of two paper 'writings, one dated the 17th of July and the other dated the 11th of July, 1876; was the last will- and testament of W. 0. Lougee, deceased. By the paper writing of July 17th Carolina Broughton,, one of decedent’s next of kin, was made sole legatee, and by the paper writing of July the 11th W. R. Pepper,, who was not related to Lougee, was-made sole legatee. At a former trial-, the two cases had been by consent consolidated, and the…
1Opinion of the CourtAshe, J.
The only question of importance presented by the appeal for our consideration is, upon whom is the bum den of proof, or in other words, who is to open and conclude? As a general rule the party who supports the affirmative of the issue has that right. Taylor, in his treatise on Evidence, says, “ the best test to determine which party has the right to begin and concludeisto consider which party wouíd be entitled to a verdict if no evidence were offered on either side, for the burden lies on the party against whom in such case the verdict ought to be given.” Taylor on Evidence, § 388 ;■ 1…
2Cases cited2 opinions
- Mayo v. . JonesSupreme Court of North Carolina · 1878
- McRae v. . LawrenceSupreme Court of North Carolina · 1876
3Cited by10 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Will on DardisWisconsin Supreme Court · 1908
- Grant v. . HughesSupreme Court of North Carolina · 1887
- Hutson v. . SawyerSupreme Court of North Carolina · 1889
- Bailey v. . McLainSupreme Court of North Carolina · 1939
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