It is not necessary to aver on the record that the defendant in
the circuit court was an inhabitant of the district or was found
therein at the time of serving the writ. Where the defendant
appears without taking the exception, it is an admission of the
regularity of the service.
MR. CHIEF JUSTICE MARSHALL stated that the uniform construction
under the clause of the act referred to had been that it was not
necessary to aver, on the record, that the defendant was an
inhabitant of the district or found therein.
Page 21 U. S. 700
it was sufficient if the court appeared to have jurisdiction by
the citizenship or alienage of the parties. The exemption from
arrest in a district in which the defendant was not an inhabitant
or in which he was not found at the time of serving the process was
the privilege of the defendant which he might waive by a voluntary
appearance. That if process was returned by the marshal as served
upon him within the district, it was sufficient, and that where the
defendant voluntarily appeared in the court below, without taking
the exception, it was an admission of the service, and a waiver of
any further inquiry into the matter.