Kelsey v. Pennsylvania R.
U.S. Circuit Court for the District of Southern New York
[This was an action at law • by John Kelsey against the Pennsylvania Railroad Company.]
1Opinion of the Court
WALLACE. District Judge.
The defendant having appeared and answered generally in the action, cannot now insist that this court never acquired jurisdiction because process was not served upon it in the district whereof it was an inhabitant at the time of service. Jurisdiction of the person of a defendant may be conferred by consent or waiver. Jurisdiction of the subject-matter of the action cannot.
The case of Pomeroy v. New York & N. H. R. Co., [Case No. 11,261], is not in point here. In that case the objection was taken by plea. Under the present system of pleading — that existing in the state…
2Cited by8 opinions
- Woolridge v. McKennaUnited States Circuit Court · 1881
- United States v. New York & O. S. S. Co.Court of Appeals for the Second Circuit · 1914
- Curtis v. HowardSupreme Court of Florida · 1894
- Lovejoy v. Hartford Fire Ins.District Court, N.D. Illinois · 1882
- Foote v. Massachusetts Ben. Ass'n of BostonU.S. Circuit Court for the District of Northern New York · 1889
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