11 F. Cas. 1079
U.S. District Court
Decided December 15, 1828
U.S. District Court · decided 1828-12-15
<p>Case No. 6,350.</p> <p>Replevin — Flea op Property, Trial — Right to Open and Close.</p> <p>1. Where the plaintiff holds the affirmative of any of the issues in a cause, he has a right to open and close the whole case.</p> <p>2. Upon the plea of property, the plaintiff in replevin has the burden of proof, and the right to open and close;</p>
Decided 1828-12-15
¶1THE COURT
¶2absent) said, that whenever .the issue was joined upon the right of property, the burden of proof, on that issue, is upon the plaintiff, and he has a right to open and close the case; and that when the plaintiff holds the affirmative of any issue, he has a right to open and close, although there may be other issues in which the affirmative is holden by the defendant