George Shiras, Jr.

“ In Ex parte Schollenberger, 96 U.S. 378, which arose under the judiciary act of 1875, it was said: 'The act of congress prescribing the place where a person may be sued is not one affecting the general jurisdiction of the courts. It is rather in the nature of a personal exemption in favor of a defendant, and it is one which he may waive. ”

“ Justice Gray, said: 'The Quincy Mining Company, a corporation of Michigan, having appeared specially for the purpose of taking the objection that it could not be sued in the southern district of New York by a citizen of another state, there can be no question of waiver, such as has been recognized where a defendant has appeared generally in a suit between citizens of different states, brought in a wrong district. ”

“ Ct. 37, that such exemption was a personal privilege, which could be waived by appearing to such a suit brought in another county, and making defense without claiming the immunity granted by congress. ”