References: (1830) 1 B & Ad 128, [1830] EngR 713, (1830) 1 B & Ad 128, (1830) 109 ER 735
Links: Commonlii
Ratio:The burden of proof can shift during the course of a trial. Silence in circumstances in which a party would be expected to answer might convert evidence into proof.
This case cites:
- See Also – Cotton v James, Gent One & C (Commonlii, [1829] EngR 293, (1829) M & M 273, (1829) 173 ER 1157)
In trespass for entering plaintiff’s dwelling-house and taking his goods on a plea justifying the trespass by proceedings under a commission of bankruptcy, and replication taking issue on the act of bankruptcy, the defendant is entitled to begn. . . - See Also – Cotton v James, Gent One, & C (Commonlii, [1829] EngR 296, (1829) 3 Car & P 505, (1829) 172 ER 522)
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(This list may be incomplete)
This case is cited by:
- Cited – Gibbs and others -v- Rea PC (Times 04-Feb-98, Bailii, [1998] UKPC 3, [1998] AC 786)
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . . - See Also – James, Gent, One &C, v Cotton (, Commonlii, [1831] EngR 127, (1831) 7 Bing 266, (1831) 131 ER 103)
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(This list may be incomplete)
Last Update: 13-Jul-16
Ref: 184695
