Noah Haynes Swayne,
De Sobry v. Nicholson — Opinion of the Court
“ The objection to jurisdiction upon the ground of citizenship, in actions at law, can only be made by a plea in abatement. After the general issue, it is too late. It cannot be raised at the trial upon the merits. [2] If a plea in abatement be filed with the general issue, the latter waives the former. [3] Where a plea in abatement is relied upon, the burden of proof rests upon the defendant. [4] In equity, the defence must be presented by plea or demurrer, and not by answer. ”
