Pollard & Pickett v. Dwight
Supreme Court of the United States
Error to the Circuit Court for the district of Connecticut. Dwight and others brought a foreign attachment against Pollard and Pickett, in the county court of Hartford, and declared in an action of covenant upon a deed of bargain and sale, in fee-simple, of certain lands in the county of Wythe, and commonwealth of Virginia, by which the defendants below covenanted that they were “ lawfully seised of the lands and premises, with their appurtenances, and had good right and…
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Error to the Circuit Court for the district of Connecticut. Dwight and others brought a foreign attachment against Pollard and Pickett, in the county court of Hartford, and declared in an action of covenant upon a deed of bargain and sale, in fee-simple, of certain lands in the county of Wythe, and commonwealth of Virginia, by which the defendants below covenanted that they were “ lawfully seised of the lands and premises, with their appurtenances, and had good right and lawful authority to sell and convey the same, in manner and form aforesaidand the breach assigned was, “ that they were…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court as follows, viz : — In this case, objections have been made to the jurisdiction of the circuit court, and to the proceedings in that court.
The point of jurisdiction made by the plaintiffs in error is considered as free from all doubt. By appearing to the action, the defendants in the court below placed themselves precisely in the situation in which *they r^^g would have stood, had process been served upon them, and consequently, waived all objections to the non-service of process. Were it otherwise, the duty of the circuit court would have…
2Cited by60 opinions
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- In Re MooreSupreme Court of the United States · 1908
- Toland v. SpragueSupreme Court of the United States · 1838
- Orange Theatre Corp. v. Rayherstz Amusement Corp.Court of Appeals for the Third Circuit · 1944
- Cragin v. PowellSupreme Court of the United States · 1888
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