Sheppard v. Graves
55 U.S. 505 (1852)

Annotate this Case

U.S. Supreme Court

Sheppard v. Graves, 55 U.S. 14 How. 505 505 (1852)

Sheppard v. Graves

55 U.S. (14 How.) 505

Syllabus

It is a bad mode of pleading, to unite pleas in abatement and pleas to the merits. And if after pleas in abatement a defense be interposed going to the merits of the controversy, the grounds alleged in abatement become thereby immaterial, and are waived.

When a plea is filed to the jurisdiction of the court upon the ground that the plaintiff is a resident of the same state with the defendant, it is incumbent on the defendant to prove the allegation.

It is of to consequence whether the date of a promissory note be at the beginning or end of it.

The facts are all set forth in the opinion of the Court.

Page 55 U. S. 508

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