Crawford v. Foster
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the District of Indiana. This was a motion by William Foster under the Indiana statute to revive a judgment at law against Henry Crawford. An order of re-vivor was entered in the court below (80 Fed. 991), and the defendant sued out this writ of .error. This court, on January 3, 1897, affirmed the judgment (88 Fed. 975), but the appellant has filed a petition for a rehearing.
1Opinion of the Court
WOODS, Circuit Judge.
The opinion of the court in this case is not at variance with the rule declared in Harkness v. Hyde, 98 U. S. 476, that “illegality,” misquoted in the petition for rehearing as “irregularity,” in- the service of process by which jurisdiction is to be obtained, is not waived by answering to the merits, if there had been first a special appearance, and motion that the service be set aside; but to prevent possible misapprehension a further statement of the case is now made. Nothing more than irregularity in the process or service is alleged here, and that only in particulars…
2Cases cited1 opinion
- Harkness v. HydeSupreme Court of the United States · 1879
3Cited by10 opinions
- Schlaefer v. SchlaeferCourt of Appeals for the D.C. Circuit · 1940
- Scott v. . Life AssociationSupreme Court of North Carolina · 1905
- Rogers v. Penobscot Mining Co.South Dakota Supreme Court · 1911
- United States ex rel. Coquard v. Indian Grave Drainage Dist.Court of Appeals for the Seventh Circuit · 1898
- Johnson & Gould v. Joseph Schlitz Brewing Co.District Court, E.D. Tennessee · 1939
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