Morrison Waite

“ The circuit court did not err in holding that the burden of proof was on Mrs. Carson to show that Dunham was not a citizen of Massachusetts. As she was the actor in the removal proceeding, it rested on her to make out the jurisdiction of the circuit court. Dunham having denied that he was a citizen of South Carolina, as she had stated in her petition, and having claimed that he was in fact a citizen of Massachusetts, the same as herself, the affirmative was on her to prove that hes claim was not true, or, in other words, that he was a citizen of another state than her own. ”

“ That all the matters therein had been already adjudged in her favor by the circuit court of the United States for the district of South Carolina; (2) that the complainant is barred of his present action by a judgment of the said court in her favor on the matter in controversy; (3) that this court is without jurisdiction, because a prior suit on the like matter is pending in the aforesaid court of the United States, which, by its receiver, has possession of the subject-matter of this suit; (4) that the bond and mortgage sued on are void under the laws of the United States ”

“ The controversy in said suit is also wholly between citizens of different states, viz., between the said C. T. Dunham, who, as your petitioner is informed and avers, was, at the commencement of said suit, and now is, a citizen of the state of South Carolina, and your petitioner, who was, at the commencement of said suit, and now is, a citizen of the state of Massachusetts ”