Kelley v. T. L. Smith Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. Suit in equity by T. K. Smith Company and others against E. B. Kelley and another. Defendants appeal from orders overruling a motion to quash the service and a demurrer.
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. Suit in equity by T. K. Smith Company and others against E. B. Kelley and another. Defendants appeal from orders overruling a motion to quash the service and a demurrer. From an interlocutory injunction restraining appellants and their agents and attorneys, until the further order of the court, from prosecuting an action against appellee Buckley, as secretary of appellee T. D. Smith Company, brought and pending in the circuit court of Milwaukee county, Wis., this appeal was taken. In the bill and showing…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] Appellees T. L. Smith Company and Buckley contend that the alleged error was waived through appellants’ having made a general *469appearance by their demurrer. But when appellants added to their challenge of the court’s jurisdiction over their persons a further challenge of the. court’s jurisdiction over the subject-matter, we do not think that they thereby converted their special into a general appearance, abandoned their objections to the service of subpoena and notice, and asked the court to assume jurisdiction and determine the sufficiency of the bill.…
2Cases cited1 opinion
- Thomson v. WoosterSupreme Court of the United States · 1885
3Cited by10 opinions
- Davis v. Ensign-Bickford Co.Court of Appeals for the Eighth Circuit · 1944
- Armstrong v. LangmuirCourt of Appeals for the Second Circuit · 1925
- Central West Public Service Co. v. CraigCourt of Appeals for the Eighth Circuit · 1934
- Wilson v. BeardCourt of Appeals for the Second Circuit · 1928
- Guaranty Trust Co. of New York v. FentressCourt of Appeals for the Seventh Circuit · 1932
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