Joseph McKenna

“ New York Life Insurance Co. v. Bangs, 103 U.S. 435, 26 L. Ed. 580. That Munter might have waived his right to object to the service is established by the cases cited by the court. They are all to the effect that pleading to the merits or a general appearance without objecting to the service is a waiver. There is no such pleading or appearance in the present case and no action or conduct tantamount to either. There was delay, it is true, but it was as much the delay of the Corset Company as of Munter, and to this situation the company brought its action. ”

“ Service upon Munter was made in New York City.
The case is between citizens of different states and involves more than $3,000, exclusive of interest and costs. It therefore is within the general jurisdiction of the District Courts, Section 24 of the Judicial Code (Comp. St. § 991) . The plaintiff being a resident of the district in which the suit was brought, the defendant could not object to the venue or place of suit. Section 51, Judicial Code Comp. St. § 1033) . Comp v. ”

“ Reversed and remanded, with directions to dismiss the action.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”