Mannion v. United States Shipping Board Emergency Fleet Corp.

HAND, Circuit Judge (after stating the facts as above).

The defect on which the defendants rely was only one of venue, and as such might be waived. Panama R. R. v. Johnson, 264 U. S. 375, 44 S. Ct. 391, 68 L. Ed. 748. Hence, if the defendants, actually served, waived the defect by consent, or in any other way, the court, having substantive jurisdiction over the cause, might proceed. Section 278 of the Civil Practice Act of New York provides that, when the complaint shows a defect of jurisdiction curable by the defendant’s consent, it will be waived unless taken by motion, and rule 106 of the…