136 Ga. 550 | Ga. | 1911
Where the presiding judge, in an ordinary action at law, correctly charges the jury in regard to the general burden of proof, he'is not required, as an essential part of his charge, to discuss the shifting of the burden of introducing evidence on special points which may arise during the progress of the case; and it will not be held error that he omits to do so. Martin v. Nichols, 127 Ga 705, 709 (56 S. E. 995). If a charge on such a subject would be appropriate in any particular- case, it should be duly requested.
The decision in Hill v. Sheibley, 64 Ga. 529, was cited by counsel for the plaintiff in error. That case did not involve a claim of a gift of personalty by a parent to a child, which alone is dealt with in the section above quoted. Moreover, the testimony of the alleged donee was that a certain paper in the form of a receipt for money to be invested was given to him by his son, the alleged donor, “to
Judgment affirmed.