Whyte v. Gibbes
61 U.S. 541 (1857)

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U.S. Supreme Court

Whyte v. Gibbes, 61 U.S. 20 How. 541 541 (1857)

Whyte v. Gibbes

61 U.S. (20 How.) 541

Syllabus

Where the defendant appeared to a bill in chancery and defended the suit, and no want of jurisdiction appeared in the record, and then the complainant died, an objection that the defendants were citizens of another state comes too late when made to a bill of revivor, which is only a continuance of the suit.

Moreover, a plea to the jurisdiction comes too late after a mandate has gone down from this Court to the court below.

Page 61 U. S. 542

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