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Supreme Court· 4/20/1908

In Re Moore

Citations

  • 209 U.S. 490
  • 28 S. Ct. 585
  • 52 L. Ed. 904
  • 1908 U.S. LEXIS 1687

Syllabus

<p>In either case, the filing by the defendant of a petition for removal, the filing by the plaintiff after removal of an amended complaint or the giving of a stipulation for continuance, amounts to the acceptance of the jurisdiction of .the Circuit Court. .</p> <p>A next friend may select one of several tribunals in which the infant’s case shall be tried, and may elect to' accept the jurisdiction of the Federal court to which the case may be removed.</p> <p>While consent cannot confer on a Federal court jurisdiction of a case of which no Federal court would have jurisdiction, either party may waive the objections that the case was not brought in, or removed to, the par- ■ ticular Federal court provided by the statute.</p> <p>Nothing in Ex parte Wisner, 203 U. S. 449, changes the rule that a party may waive the objection to the jurisdiction in respect to a particular court where diversity of citizenship actually exists.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, by withdrawing its motion to remand, plaintiff had waived its right to request remand based on forum-defendant rule
  • holding that a plaintiff consented to district court jurisdiction by failing to move for remand, instead filing an amended petition and agreeing to stipulations
  • saying that “[t]he court, whose duty it is to protect the interests of the infant, should see to it that they are not bargained away by those assuming ... to represent him”
  • if a..non-removing party has taken action in federal court, such as amending the complaint, that party has essentially acquiesced in the federal court’s jurisdiction
  • if a non-removing party has taken action in federal court, such as by amending the complaint, that party has essentially acquiesced in the federal court’s jurisdiction
  • if a non-removing party has taken action in federal court, such as by amending the complaint, that party has essentially acquiesced in the federal court’s jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Brewer

Read full opinion on CourtListener

Cited by

178 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

Other cases named In Re Moore

264 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.