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NATIONAL ACC. SOCIETY v. SPIRO , 164 U.S. 281 (1896)

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United States Supreme Court


No. 460

Argued: Decided: November 30, 1896

H. D. McBurney, for plaintiff in error.

H. H. Ingersoll, for defendant in error.

Mr. Chief Justice FULLER.

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.

Mr. Justice BREWER and Mr. Justice PECKHAM dissented.[ National Acc. Society v. Spiro 164 U.S. 281 (1896) ]

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