Oliver Wendell Holmes, Jr.

“ Thus it is manifest that the record shows a judgment against a defendant never served with process and without any attachment of property-a judgment void upon its face unless the record discloses that the defendant came in and submitted to the jurisdiction, although not served. ”

“ It is said that going to trial on the merits without saving an exception submitted to the jurisdiction. The plaintiff (the defendant in error) objects to out seeking any explanation in a bill of exceptions that he says was allowed too late, but the record shows that at the time of the trial the attachment was outstanding, not having been vacated until later, and that it no doubt may have been, as the bill of exceptions shows that it was, the expectation of the trial judge that the verdict would be satisfied out of the attached goods. ”

“ The case then was removed to the District Court of the United States and subsequently in September of the same year an answer was filed alleging the above-mentioned motion and order, and setting up that the Court had no jurisdiction, because the defendant was an indiana corporation doing no business and having no property within the State upon which attachment could be levied so as to give the Court jurisdiction, and also, reserving its right to object to the jurisdiction, pleading to the merits. ”