National Accident Society v. Spiro, 164 U.S. 281 (1896)
Syllabus
U.S. Supreme Court
National Accident Society v. Spiro, 164 U.S. 281 (1896)
National Accident Society v. Spiro
No. 460
Submitted April 27, 1896
Decided November 30, 1896
164 U.S. 281
Syllabus
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, does not thereby waive objection to the jurisdiction of the court for want of sufficient service of the summons.
The case is stated in the opinion.
Opinions
U.S. Supreme Court
National Accident Society v. Spiro, 164 U.S. 281 (1896) National Accident Society v. Spiro No. 460 Submitted April 27, 1896 Decided November 30, 1896 164 U.S. 281 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 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, does not thereby waive objection to the jurisdiction of the court for want of sufficient service of the summons. The case is stated in the opinion. 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, 164 U. S. 271, the question must be answered in the negative. Certificate accordingly. MR. JUSTICE BREWER and MR. JUSTICE PECKHAM dissented.
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