John Marshall,
Gracie v. Palmer — Opinion of the Court
“ Mr. Chief Justice Marshall stated that the uniform construction, under the clause of the act referred to, had been that it was not necessary to aver, on the record, that the defendant was an inhabitant of the district, or found therein. That [p700] it was sufficient if the Court appeared to have jurisdiction by the citizenship or alienage of the parties. The exemption from arrest in a district in which the defendant was not an inhabitant, or in which he was not found at the time of serving the process, was the privilege of the defendant, which he might waive by a voluntary appearance. ”
