Hammon on Evidence; Covering Burden of Proof, Presumptions, Judicial Notice, Judicial Admissions, and Estoppel (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...that allegation in the sense that he must convince the jury of the existence of the fact;TM but, if he alleges sanity, the presumption of sanity makes a prima New Mexico: Faulkner v. Ter., 6 N. M. 464. New Yobk: O'Connell v. People, 87 N. Y. 377, 41 A. R. 379; Brotherton v. People, 75 N. Y. 159; Walker v. People, 88 N. Y. 81; People v. McCann, 16 N. Y. 58, 69 A. D. 642. Nobth Carolina: State v. Norwood, 115 N. C. 789, 44 A. S. R. 498; State v. Potts, 100 N. C. 457.' Oklahoma: Maas v. Ter., 10 Okl. 714, 53 L. R. A. 814. Pennsylvania: Com. v. Gerade, 145 Pa. 289, 27 A. S. R. 689. Tennessee: King v. State, 91 Tenn. 617. Viboinia: Dejarnette v. Com., 75 Va. 867; Bacclgalupo v. Com., 33 Grat. 807, 36 A. R. 795. The same is true ln regard to idiocy. Com. v. Heath, 11 Gray (Mass.) S03. 701 See 6(a), supra, T62 This rule applies against the plaintiff in an action for personal injuries, where he seeks to avoid the effect of conduct on his part which, if he were sane, would constitute contributory negligence. Worthington v. Mencer. 96 Ala. 310, 17 L. R. A. 407. facie case in his favor, and accordingly casts on his opponent the burden of adducing evidence of insanity. (a) Contracts and conveyances. If, for example, a person seeks to avoid a marriage contract on the ground of insanity, he bears the burden of establishing that fact.703 Again, if a person sues directly or indirectly to avoid, on the same ground, a transfer made by him, he must establish insanity at the time of the transfer; and the same is true where the suit is brought by his guardian or his heirs.704 If, on the other hand, a grantee brings ejectment for the land, and the grantor, his guardian, or his heir, defends on the ground that he was insane when he made the deed, the burden of establishing...