green
Positive treatment
published
1.9 score
Cited for
Other citing cases
- Paul v. Baltimore & Ohio R.R., 69 N.E. 1024 (Ind. Ct. App. 1904).published
Retrieving the full opinion text from the archive…
National Accident Society
v.
Spiro
v.
Spiro
460.
Supreme Court of the United States.
Nov 30, 1896.
Published opinion
Mr. II. D. Me Burney for plaintiff in error., Mr. Henry II. Ingersoll for defendant in error.
Brewer, Peokham.
Cited by 12 opinions | Published
The Chief Justice :
This is a certificate from the Circuit Court of Appeals for the Sixth- Circuit, propounding, after a preliminary statement, the following question:
“ Does a defendant by filing a petition in a state court for removal of the cause to the United States court, in general terms, unaccompanied by a plea in abatement, and without specifying or restricting the purpose of his appearance, thereby waive objection to the jurisdiction of the court for' want of' sufficient service of the summons ? ”
For the reasons given and on the authorities cited in the case of Wabash Western Railway v. Brow, ante, 271, the question must be answered in the negative.
Certificate accordingly.
Mr. Justice Brewer and Mr. Justice Peokham dissented.