Skip to main content
· 5/26/1913

MacKay v. Uinta Development Co.

Citations

  • 229 U.S. 173
  • 33 S. Ct. 638
  • 57 L. Ed. 1138
  • 1913 U.S. LEXIS 2432

Syllabus

<p>Where the defects in service of process and in procedure in the state court are waivable, and after removal there is presented to the Circuit Court a controversy involving more than $2,000 and between citizens of different States, that court has jurisdiction and the method of getting the case before the court cannot operate to deprive it of jurisdiction.</p> <p>Removal proceedings are in the nature of process to bring the parties before the Federal court.</p> <p>The defendant may waive defects in removal proceedings if jurisdiction actually exists, and if he does so the court will not of its own motion inquire into the regularity of the proceedings.</p>

Judges: Lamar

Read full opinion on CourtListener

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.