Boyd v. Hill

1. The first special ground of the amended motion for new trial complains of the following excerpt from the charge: “Now, gentlemen of the jury, I charge you further in connection with the burden of proof that when the processioning and the return and the plat are admitted in evidence, that makes out what is known as a prima facie case for the petitioner, and when that is introduced in evidence and admitted in evidence, as has been done in this case, then the burden shifts to the protestant to prove her contentions by what is known as a preponderance of the evidence. So, gentlemen, in this…