Pennsylvania Co. v. United States

Undoubtedly motions to dismiss for want of jurisdiction have been made in this court, and undoubtedly they have sometimes been allowed ; nevertheless, where the defendants’ objection goes to the right of the claimant to maintain his action, it should be presented by demurrer or plea; and where it goes to the jurisdiction it should be taken by plea to the jurisdiction. The rights of the parties will thus appear on the record in a definitive manner, susceptible of legal construction, and the aggrieved party will be able, if he choose, to take up the question by an appeal and present it…