Sheppard v. Graves,
Annotate this Case
55 U.S. 512 (1852)
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U.S. Supreme Court
Sheppard v. Graves, 55 U.S. 14 How. 512 512 (1852)
Sheppard v. Graves
55 U.S. (14 How.) 512
In this case as in the preceding, it is decided that where the plaintiff averred enough to show the jurisdiction of the court and the defendant pleaded in abatement that the plaintiff was disabled from bringing the suit, on account of residence, it was incumbent upon the defendant to sustain the allegation by proof.
Until that was done, it was not necessary for the plaintiff to offer any evidence upon the subject.
The parties to this suit were the same as those in the preceding case, and the point upon which the decision of the court turned was the same as one of those decided in the preceding case.