Hyde v. Chappell

Duckworth, Justice.

The first special ground is predi cated upon the theory that the defendant has filed an affirmative plea, and that when the plaintiff has made out a prima facie case the burden is shifted to the defendant to sustain that plea by a preponderance of the evidence. No complaint is made of the general charge upon the subject of the burden of proof, which is that the burden rests upon the plaintiff to prove his case as alleged, by a preponderance of the evidence. If a negation or negative affirmation is essential to the case, the burden of proof of such negative lies on the party…