National Acc Soc v. Spiro
| Decision Date | 30 November 1896 |
| Docket Number | No. 460,460 |
| Citation | 17 S.Ct. 996,164 U.S. 281,41 L.Ed. 435 |
| Parties | NATIONAL ACC. SOC. v. SPIRO |
| Court | U.S. Supreme Court |
H. D. McBurney, for plaintiff in error.
H. H. Ingersoll, for defendant in error.
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?' 18 C. C. A. 382, 71 Fed. 897.
For the reasons given and on the authorities cited in the above cause of Railway Co. v. Brow, 17 Sup. Ct. 126, the question must be answered in the negative. Certificate accordingly.
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Baker v. Union Stock Yards National Bank
... ... the practice prior to the Code, and [63 Neb. 804] a ... comparison with the holdings of other courts. Reinstadler ... v. Reeves, 33 F. 308; Ward v. George, 1 Bush ... [Ky.] 357; Wabash W. R. Co. v. Brow, 164 U.S. 271, ... 41 L.Ed. 431, 17 S.Ct. 126; National Accident Society v ... Spiro, 164 U.S. 281, 41 L.Ed. 435, 17 S.Ct. 996. But ... while the defense set up in the amended answer was one that ... might properly be raised by answer in conjunction with other ... defenses, and while no preliminary objections were necessary ... to enable it to be so raised, we think it is the ... ...
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Baker v. Union Stock Yards Nat. Bank
...C.) 33 Fed. 308; Ward v. George, 1 Bush, 356; Railway Co. v. Brow, 164 U. S. 271, 17 Sup. Ct. 126, 41 L. Ed. 341;Society v. Spiro, 164 U. S. 281, 17 Sup. Ct. 996, 41 L. Ed. 435. But while the defense set up in the amended answer was one that might properly be raised by answer in conjunction......
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Paul v. Baltimore & O.R. Co.
...want of jurisdiction of the person of the defendant in the state court or in the United States court. See National Acc. Soc. v. Spiro, 164 U. S. 281, 17 Sup. Ct. 996, 41 L. Ed. 435;Conley v. Mathieson Alkali Works, 190 U. S. 406, 23 Sup. Ct. 728, 47 L. Ed. 1113;Cady v. Associated Colonies (......
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Paul v. Baltimore & Ohio Railroad Co.
... ... person of the defendant, in the state court or in the United ... States court. See National Accident Soc. v ... Spiro, 164 U.S. 281, 17 S.Ct. 996, 41 L.Ed. 435; ... Conley v. Mathieson Alkali Works, 190 U.S ... 406, 23 S.Ct. 728, 47 ... ...