Massengale & Co. brought their action of complaint against Mrs. Pounds on a promissory note. She pleaded payment, and оn the trial of the case plaintiffs introduced evidence making out a рrima facie case, and clоsed. The defendant introduced evidеnce to sustain her plea, and the plaintiff introduced eviidientete in rebuttal. At the conclusion of the evidence, defendant’s counsel moved the court to allow him to opеn and conclude the argument, admitting that the plaintiff had made out a prima facie case and that his cliеnt assumed the burden of proving that plаintiffs were not entitled to recovеr. The court granted the motion, and the plaintiffs excepted.
1. The burden of proof to establish his case generally rests upon the plaintiff who brings the action and the plaintiff is generally entitled to open and conclude the argument before the jury. In order for a defendant to deprive him of this right in an action upon a civil contract, the former must, at the beginning of the trial and before the
2. The evidence in this cаse is conflicting on the question of рayment. It is a close case uрon the facts. The right to open and conclude the argument before the jury in such a case is an important legal right, and an improper ■ denial thereof is ground for the grant of a new trial
Judgnmnt reversed.