Porter v. Still

Citations

• 63 Miss. 357

Syllabus

<p>1. Curative Law. Power of legislature to pass. Assessment roll.</p> <p>The authority of the legislature to enact a statute to validate an assessment roll, by extending the time in which it should have been returned by the assessor to the board of supervisors for their approval, is so well established that it is no longer an open question in this State. Vaughny. Swayzie, 56 Miss. 704; Faming y. Funches, 60 Miss. 541; Nevin y. Bailey, 62 Miss. 433, cited.</p> <p>2. Argument. Opening and conclusion of. Burden of proof. Several issues.</p> <p>The party on whom the burden of proof lies, whether plaintiff or defendant, is entitled to open and conclude the argument before the jury. And this is not a mere privilege, but a right determined by law. If' there be several issues, and the plaintiff holds the affirmative of any one of them, he is entitled to open and conclude.</p> <p>3. Burden or Proof. How to determine.</p> <p>The party on whom the burden of proof in any cause rests may be determined by considering which would succeed if no evidence were offered by either side, and by examining what ifciuld be the effect of striking out of the record the allegation to be proved. The onus must be on the party who, under such tests, would fail in the suit.</p>