Walker v. Dawley

On Motion for Rehearing.

Appellee Dawley insists that the instruction given by the trial court in the third paragraph of his charge to the jury, to the effect that the burden of proof was upon plaintiff to establish by a preponderance of the evidence the affirmative of the issues submitted, should be construed as a qualification of the instruction given in the second paragraph of the charge, to the effect that one who charges fraud must prove its existence by legal and competent evidence to the satisfaction of the jury, and that therefore this court erred in holding, as a cause for reversal,…