¶1The substance of the affirmative of the issue is with the plaintiffs, the original; libellants. They are the party who wish to alter' the existing 'state of things. The defendants can offer no evidence until the sanity of the testator is impeached. The defendants have nothing to do. The plaintiff is the'mover, the actor, and on him the burden of proof lies. It is his busines therefore to open and close the argument.
1 D.C. 403
Dunlop v. Peter
District of Columbia District Court
Decided June 15, 1807
District of Columbia District Court · decided 1807-06-15
Issue from the Orphans’ Court to ascertain the sanity of a.testator. It was made a question who was to open and close the argument. The plea is that the testator was of sound mind, and of this they put themselves ' on the country; the affirmative of the issue is with the defendants. He who has the burden of proof is to open and close. Every man is presumed to be sane, until the contrary is proved.
Decided 1807-06-15