Terryberry v. Woods
Cases that cite this one
7 later published cases cite this decision.
- Rutland Railway, Light & Power Co. v. Williams (Vt. 1916)
- Illinois Steel Bridge Co. v. Wayland (Kan. 1920)
- Shlopak v. Davison (D.C. 1943)
- In re Estate of Jones (Vt. 1939)
- Demeules v. Jewel Tea Co. (Minn. 1908)
- Conkling v. . Weatherwax (N.Y. 1905)
- Owen v. Brown (Vt. 1898)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The 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.
The defendant pleaded payment, and by so doing assumed the burden of proving it.
The 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.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.