Windham v. Taylor

1. Ordinarily the burden of proof lies upon a plaintiff, who, alleging certain facts to exist, claims a right to recover against the defendant; but when in such a case the defendant comes in and admits the prima facie case as stated by the petition, and sets up matters in avoidance, then the defendant is the party who asserts the truth of the facts so set up, and the burden in such a case is on the defendant to establish the facts .'so pleaded; failing to do which the plaintiff is, without-more, entitled to a verdict. In order for this rule to have application, the admission of the defendant…