Chase v. Wetzlar

Citations

• 197 F. 119

Syllabus

<p>Equity (§ 346*) — Plea—Burden of Proof.</p> <p>Where a bill in equity in a federal court to recover an interest in the estate of a decedent alleged that defendant, aittiough an alien, had as executor collected assets of the estate and invested the same in bonds, which he held within the jurisdiction of the court, a plea in bar, denying the jurisdiction on the ground that defendant is a nonresident alien, and that all assets of the estate were removed from the United States before the suit was commenced, is a negative plea, being in effect merely a denial of a jurisdictional allegation of the bill, and the burden of sustaining such allegation is on complainant.</p> <p>[Ed. Note. — Ifor other cases, see Equity, Cent. Dig. §§ 725,.726; Dec. Dig. § 346.*J</p>