Burden of proof as to particular fact. 106. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration. A prosecutes B for theft, … Read more

On whom burden of proof lies. 105. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations. (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A … Read more

PART IV PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII OF THE BURDEN OF PROOF Burden of proof. 104. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist, and when a person is bound to prove … Read more