Carolina Portland Cement Co. v. Marshall

1. One of the points most vigorously stressed, on the consideration of the present writ of error, was the alleged error of the trial judge in holding that under the pleadings the defendant assumed the burden of proof, and was entitled to the opening and conclusion. Some point is made upon the fact that the judge permitted the defendant’s counsel to state what meaning was intended to be convej^ed by his answer, and that he rendered the decision partly upon the oral statement or admission of the defendant’s counsel. Of course, the admissions on the part of the defendant which would entitle him…