Fratto v. New Amsterdam Casualty Co.

Dissenting Opinion by

Mr. Justice Roberts:

While I agree with the general principle relied upon by appellees that a suit brought in a court without jurisdiction is a mere nullity, I believe that appellants’ position rests not so much upon the existence of the federal action as it does upon appellees’ reaction to that federal suit. Appellants do not contend that the federal action tolled the statute, or that it worked a compliance with the policy. Rather, the Frattos contend that even if the federal action was a mere nullity and even if parties cannot confer subject matter jurisdiction upon a…