GRACIE AND OTHERS, PLAINTIFFS IN ERROR,
v.
PALMER AND OTHERS, DEFENDANTS IN ERROR
Mabshall, Ch. J.,
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. That *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. Motion denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Pearce v. Thackeray, 13 Fla. 574 (Fla. 1869)
-
Baars & Downing v. Gordon & Stamp, 21 Fla. 25 (Fla. 1884)
-
United States v. Mayer, 235 U.S. 55 (U.S. 1914)…Byers v. McAuley, 149 U. S. 608, 618; Minnesota v. Hitchcock, 185 U. S. 373, 382. It is argued, in substance, that while consent cannot give jurisdiction over the subject matter, restrictions as to place, time, etc., can be waived. Gracie v. Palmer, 8 Wheat. 699; Toland v. Sprague, 12 Pet. 300, 331; Ayers v. Watson, 113 U. S. 594, 598; Martin's Adm'r v. B. & O. R. R. Co., 151 U. S. 673, 688; Rexford v. Brunswick-Balke Co., 228 U. S. 339, 344, 345. This consideration is without pertinency here, for there wa…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence