Pierce Butler

“ And the rule that objections to jurisdiction over the person are waived by general appearance does not apply. It follows that, in such cases, there is no reason for holding that an unfounded objection to jurisdiction over the subject-matter, in a special appearance and motion to quash the summons, waives objections to jurisdiction over the person. We hold that defendant did not by his motion waive his right to immunity from suit on plaintiff's claim in the Nebraska court or voluntarily appear and give that court jurisdiction. ”

“ Undoubtedly, the district court of Douglas county would have had jurisdiction if the accident happened in that county or district, or if plaintiff resided there at the time he was injured. The General Orders on which defendant's motion rested did not relate to jurisdiction of the subject-matter; and the Supreme Court of Nebraska so held. The substance of the objection stated and the grounds alleged should control, rather than the declaration of purpose. See Bankers' Life Insurance Co. ”

“ This is an action against the United States. The railroads were taken over and operated by it in its sovereign capacity, and it will not be held to have waived any sovereign right or privilege unless it has plainly done so. ”