Harkness v. Hyde
98 U.S. 476

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U.S. Supreme Court

Harkness v. Hyde, 98 U.S. 476 (1878)

Harkness v. Hyde

98 U.S. 476

Syllabus

1. Process from a district court of Idaho cannot be served upon a defendant on an Indian reservation in that Territory.

2. Illegality in the service of process by which jurisdiction is to be obtained is not waived by the special appearance of the defendant to move that the service be set aside, nor after such motion is denied, by his answering to the merits. Such illegality is considered as waived only when he, without having insisted upon it, pleads in the first instance to the merits.

The facts are stated in the opinion of the Court.

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