Chisholm v. Hall

Defendants’ assignments of error present these questions for decision: (1) Did the court err in directing the jury to answer the first issue in the affirmative? (2) Could the court refuse to accept a verdict which was contrary to the court’s instruction and require the jury to answer the issue in accord with its direction?

It is true, as contended by defendants, that a denial of plaintiffs’ claim of ownership, thereby raising an issue of fact, places the burden of proof on plaintiffs to establish their allegation by evidence which a jury is entitled to weigh. Facts at issue are “tried by order…