Prudential Ins. v. McKee

CHESNUT, District Judge.

The sole question presented by the appeal in this case is whether the appellee, William C. McKee, one of the defendants in the court below, waived his personal objection, otherwise valid, to the venue jurisdiction of the District Court for the Western District of North Carolina, by reason of filing with his motion to dismiss the plaintiff’s bill, a denial of the merits of the bill. The motion to dismiss was based on the facts that the plaintiff was a corporation formed under the laws of the State of New Jersey and the defendant was a citizen and inhabitant of the State…