Morris v. Graham
United States Circuit Court for the Southern District of Florida
In Equity. Bill by George W. Morris against Graham & Hubbel and others to remove cloud from title. The cause, was commenced in a state court, and subsequently removed to this court.
1Opinion of the Court
Locke, District Judge.
Defendants herein entered a special appearance, in the state court for the purpose of contesting the validity of service, and before .the question was decided removed the cause to this court, leaving that question still pending. It is now strongly urged by complainant that the removal of the case into the United States court was equivalent to a general appearance, and waived any right of objection to the insufficiency of sendee or summons; citing and relying upon Sayles v. Insurance Co., 2 Curt. 212; Tallman v. Railroad Co., 45 Fed. Rep. 156; Bushnell v. Kennedy, 9 Wall.…
2Cases cited9 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Arndt v. GriggsSupreme Court of the United States · 1890
- Harkness v. HydeSupreme Court of the United States · 1879
- Hart v. SansomSupreme Court of the United States · 1884
- Bushnell v. KennedySupreme Court of the United States · 1870
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3Cited by4 opinions
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1916
- Spaulding v. PolleySupreme Court of Oklahoma · 1911
- Albert v. BascomDistrict Court, W.D. Texas · 1917
- Lathrop-Shea & Henwood Co. v. Interior Const. & Imp. Co.U.S. Circuit Court for the District of Western New York · 1907