United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson County

Citations

• 145 F. 144
• 76 C.C.A. 114
• 1906 U.S. App. LEXIS 3958

Syllabus

<p>1. Courts — Circuit Court — Jurisdiction—Proper District — Waiver op Objection.</p> <p>When the jurisdiction of the Circuit Court is based solely upon diversity of citizenship, the suit may be maintained in the district in which either the plaintiff or defendant resides.</p> <p>The removal from state to national court or joinder of objection to district with general demurrer waives the objection that tiie suit is pending in the wrong district.</p> <p>[Ed. Note. — For eases in point, see vol. 13, Cent. Dig. Courts, §§ 811, 815. Waiver of right as to district in which suit may be brought, see note to Memphis Sav. Bank v. I-Iouchens, 52 O. C. A. 192.]</p> <p>2. Same — Court May Permit Amended Petition and Summons Thereon after Quashing Service of Original Summons.</p> <p>After the removal of an action from a state court to a Circuit Court of the United States, and the avoidance of the service of summons by the latter court upon the motion of the defendant, that court may lawfully permit the plaintiff to file an amended petition and may order a summons to issue thereon.</p> <p>[Ed. Note. — For cases in point, see vol. 42, Cent. Dig. Removal of Causes, § 250.]</p> <p>3. Principal and Surety — Suretyship—Co.vtract of Should Receive Rational Interpretation.</p> <p>A surety is a favorite of the law and never liable beyond the strict terms of his obligation.</p> <p>But his contract is nevertheless but an agreement, and like all other agreements it must receive a just and rational interpretation.</p> <p>[Ed. Note. — For eases in point, see vol. 40, Cent. Dig. Principal and Surety, §§ 103, 108.]</p> <p>4. Contracts — Construction—Actual Intention Prevails Over Inapt or Careless Expressions.</p> <p>The actual intent and meaning of the parties when the agreement was made, deduced from the entire contract, from its subject-matter, from the purpose of its execution, and from the situation and circumstances of the parties when they made it, must prevail over the dry words of the