Carr v. Borchers

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that burden of establishing the expiration of the statute of limitations is on the defendant
• “Where a defendant . . . asserts the affirmative defense . . . it has the burden of proving facts in support of that defense unless it is a part of the plaintiff's prima facie proof.”
• “Where a defendant . . . asserts the affirmative defense . . . it has the burden of proving facts in support of that defense unless it is a part of the plaintiff’s prima facie proof.”
• ―Since . . . a statute of limitations defense is an affirmative defense and no prima facie showing of the running of the statute of limitations is made by the record, the burden of establishing that the statute has run is upon the defendant.‖
• “Since . . . a statute of limitations defense is an affirmative defense and no prima facie showing of the running of the statute of limitations is made by the record, the burden of establishing that the statute has run is upon the defendant.”

Source: CourtListener parenthetical corpus (CC0).