Terryberry v. Woods

Decided October 15, 1896

Supreme Court of Vermont · decided 1896-10-15

. ■ Assumpsit in the common counts. Pleas, the general issue, payment and offset. Trial by jury at the June Term, 1896, Bennington County, Start, J., presiding. The plaintiff sought to recover one thousand dollars and interest which she claimed the defendant had collected for her and failed to pay her on request. The verdict was for the full amount.

Good law ✅— No negative treatment on recordhow we know

Yerdict and judgment for · Decided 1896-10-15

How this case has been cited

Cited by 6 later decisions — most recently October 1943

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Taet, J.

¶1The burden of proving a fact alleged in a judicial proceeding is upon the person making the allegation, and this burden of proof, as it is called, never changes, but remains upon the alleging party throughout the trial. As the testimony upon the tidal is introduced, the weight of the evidence may vary from side to side, but the burden of proof remains upon the one making the allegation.

¶2The defendant pleaded payment, and by so doing assumed the burden of proving it.

¶3The defendant was not entitled to binding instructions upon a portion of the evidence, applicable to a single question. The request was properly denied. The instructions, as given, are not in question.

¶4Judgment affirmed.