Oliver Wendell Holmes, Jr.

“ It may be that the defendant would have had no right to renew its motion, but the circuit court would have had power to give it leave. If the circuit court was satisfied that it, or its predecessor the state court, had made a mistake, it had power to reopen the matter. It did so, and its action in that respect is not open to question here. However stringent gent may be the practice in refusing to reconsider what has been done, it still is but practice, not want of jurisdiction, that makes the rule.
The plaintiff in error does not argue the merits of the order of the circuit court. ”

“ Allegations which involve shch conclusions import that the facts which justify them are true. Many such allegations are permitted, to avoid an intolerable prolixity on matters not likely to be controverted. ”

“ In the circuit court the defendant renewed its motion to set aside the service of the summons, the plaintiff objecting on various grounds, which will be dealt with, and moving to remand the case. On July 23, 1904, the court granted the defendant's motion and overruled the plaintiff's, and on August 30 a judgment was entered dismissing the action for want of jurisdiction of the defendant. See Wabash Western R. Co. ”