Smellie v. Southern Pac. Co.

Citations

• 197 F. 641
• 1912 U.S. Dist. LEXIS 1469

Syllabus

<p>1. Courts (§ 276*) — Federal Courts — Jurisdiction—Objections—Waiver.</p> <p>While the objection of want of jurisdiction of a controversy by a federal court cannot'be waived, the right to have the action brought in a particular district may and will he waived unless timely objection is made; but, unless the acts of the parties are such as to evidence a waiver of the objection by both, no jurisdiction obtains, if the action is brought in the wrong district.</p> <p>)Ed. Note. — For other cases, see Courts, Cent. Dig. § 815; Dec. Dig. $ 276.*</p> <p>Waiver of right as to district in which suit may be brought, see notes to Memphis Sav. Bank v. Houchens, 52 C. C. A. 192; McPhee & MeGinty Co. v. Union Pac. R. Co., 87 C. C. A. 634.]</p> <p>2. Removal of Causes (§ 12*) — Federal Courts — Alien.</p> <p>Since the provision of the Judiciary Act (Act March 3, 1887, c. 373, 24 Stat. 552 [U. S. Comp. St. 1901, p. 508]), requiring suits in federal courts to be brought in the district of which the defendant is an inhabitant, has no application to suits by an alien against a citizen, and such alien has no interest in having the venue laid in the district of the defendant’s residence and his waiver is not necessary to give proper venue in a district other than that of the defendant’s residence, an alien, having brought suit in a state court against a citizen who is a nonresident of the state and federal district, cannot object to defendant’s removal of the cause to the federal court of that district on the ground that the controversy is between an alien and a citizen.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Cent. Dig. §§ 32, • 33; Dec. Dig. § 12.*]</p>