Davis v. Dixon
U.S. Circuit Court for the District of West Virginia
In Equity. Suit by George N. Davis against Samuel Dixon, the Stuart Collieries Company, and others. On plea in abatement chai--lenging the jurisdiction of the court.
1Opinion of the Court
KELLER, District Judge.
This matter is before me upon a plea to the jurisdiction based on the allegation that the plaintiff is not really a citizen and resident of the state of Virginia, but is in fact a citizen of West Virginia, and that the suit should be dismissed by virtue of section 5 of the act of March 3, 1875, c. 137, 18 Stat. 472, as amended by Act Aug. 13, 1888, c. 866, § 6, 25 Stat. 436 (U. S. Comp. St. 1901, p. 511). The burden of proof, as well as of allegation, is upon the defendant to make out this defense to the jurisdiction by a preponderance of the evidence. Street’s Fed. Eq.…
2Cases cited3 opinions
- Morris v. GilmerSupreme Court of the United States · 1889
- Ennis v. SmithSupreme Court of the United States · 1853
- Butler v. FarnsworthU.S. Circuit Court for the District of Eastern Pennsylvania · 1821
3Cited by2 opinions
- McHaney v. CunninghamDistrict Court, W.D. Louisiana · 1925
- Barbero v. BarberoVirginia Circuit Court · 1991