Peterson v. Dow Corning Corp., No. Bik-Cv93-0301057 (Feb. 24, 1995)
Opinion of the Court
Generally the burden of proof is on the defendant with respect to jurisdictional issues raised by the defendant; this is because of the presumption of the truth of the facts stated in the officer's return. Standard Tallow Corporation v. Jowdy,
Clearly, the contentions of Dr. Singer and Deputy Sheriff Maher are directly contrary. The court has no basis on which to resolve the discrepancy. In such an instance, where the evidence is in equipoise, the law requires that the issue be decided against the party which has the burden of proof on the issue. Bergmann v. Newton Buying Corporation,
VERTEFEUILLE, J. CT Page 1486-G
Case-law data current through December 31, 2025. Source: CourtListener bulk data.