178 Ga. 40 | Ga. | 1933
(After stating the foregoing facts.) The charge of the court in this case is very brief. A careful examination of the record discloses that there was but one real issue between the parties, and this is controlling in its nature. Was the defendant in the court below disqualified to hold the office of ordinary of Early County, for the reasons set forth by the plaintiff in his petition? The petition alleged that he was a tax defaulter in Early County in certain named years, and in Calhoun County and the City of Arlington.
It is a universal principle that the plaintiff carries the burden of proving his case as laid, or he is not entitled to a recovery either in law or equity. The defendant need introduce no proof as to a matter which is charged against him by the plaintiff, but which is entirely unsupported by proof either in behalf of the plaintiff or which may otherwise be brought to the attention of the court and jury in the course of the investigation. The plaintiff alleged in his
Judgment affirmed.