¶1The Court (Thruston, J. absent,) 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.
3 D.C. 365
Henderson v. Casteel
Decided December 15, 1828
<p>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>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