United States v. Waverly Club

(after stating the facts as above). However much the interests of justice may appear to demand the denial of this motion, the power of the court to predicate jurisdiction upon the service which has been made is challenged, and unless that service was sufficient to give jurisdiction the motion must be granted.

In behalf of the government it is sought to sustain the court’s jurisdiction upon the theory that the suit is in rein against the premises; but this contention fails, because there has been no seizure of the res, and there can ho none until the facts alleged havo been litigated and the…