Angus M. MacNeil v. Arthur E. Whittemore

It is quite clear that this action against a judge of the highest court of Massachusetts, who has only a summer place in Vermont, for claimed violation of plaintiff’s civil rights through official action does not satisfy the venue requirements of 28 U.S.C. § 1391(a), since neither party resides in the District of Vermont. The only claim is waiver, because defendant first sought a dismissal for failure to state a claim and two days later moved for leave to amend his motion by adding the venue objection. When the court came to hear the motion nearly a month later, it granted the leave to amend…