The text is substantially unchanged
BSA Section 105 is now IEA Section 102
105. On whom burden of proof lies.
Old law
BSA §105
105. On whom burden of proof lies.
105.The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Illustrations.
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A.
(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.
Read more: BSA §105Illustrations.
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A.
(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.
New law
IEA §102
102. On whom burden of proof lies.
102. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Read more: IEA §102Cases registered before 1 July 2024 continue under the old code. This is educational information, not legal advice.