The Ohio Code of Evidence; Both Civil and Criminal

The Ohio Code of Evidence; Both Civil and Criminal

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: by lightning. It is not suflicient to show that the cause is unknown, and that ordinary care was taken to protect against it.(6) Although the contract of affreightment contains a clause relieving the carrier from the loss by fire, he is not thereby exempted from the use of proper care for the safety of the goods while in his possession to be forwarded. It is his duty to keep them, while in his hands awaiting reshipment, in a safe and proper place, and the burden of proof is on him to show that he has done so, although the fire originated without his fault, in adjacent property over which he had no control, and although he made all reasonable efforts after it originated to prevent it from extending to the goods destroyed.(7) (4) Pittsburgh, Cin. & St. Louis R. R. Co. v. Barrett, 36 O. S. 4-i8. (5) Check v. L. M. R. Co. 2 D.237, 246. Conditions precedent.--Where, in an action upon a contract, it is necessary for the plaintiff to show the performance of the stipulations on his part in order to recover, the burden is on him, and the burden is not changed by the fact that the answer, in addition to a denial of performance by the plaintiff, specifically enumerates several particulars in which such failure to perform consists.(1) On.1. contract to pay when sales are effected, it is incumbent on the plaintiff to prove sales made.(2) Deed.--A purchaser of unoccupied and unimproved lands at a judicial sale may be protected against a prior unrecorded deed by the provisions of the 8th section of the act of February 22, 1831, called the ' Deeds' Act," S. & C. 458. The burden of proof as to the payment of a valuable consideration rests upon the subsequent purchaser. Upon proof of the payment of a valuable consideration by...
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Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236896165
  • 9781236896162