Nikitiuk v. Pishtey

How courts have described this case

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

• where existence of a fact is necessary for a party to succeed, he must ordinarily prove it.
• “Since the plaintiffs have not taken an appeal from the [probate court’s] 1959 decree, the decree was conclusive as to all relevant matters embraced therein.”
• “[i]t is an elementary rule that whenever the existence of any fact is necessary in order that a party may make out his case or establish his defense, the burden is on such party to show the existence of such fact” [internal quotation marks omitted]

Source: CourtListener parenthetical corpus (CC0).