William O. Douglas

“ But the judgment sought to be reviewed here was rendered by the District Court only against petitioner who could have been sued there originally [2] and who invoked the jurisdiction of the District Court. As the court observed in the closely analogous case of Bailey v. Texas Co., supra, 47 F.2d at page 155, 'the resulting situation is equivalent to initiating an action in the District Court in which the defendant appears.' [3] I think it is abusive of the interests of justice when the challenge now made is raised to the dignity of a jurisdictional question. ”

“ Both Reiss and the other nonresident defendant have been dismissed from the case. The only judgment before the Court is one which satisfies the requirements of original jurisdiction. Petitioner-the one who invoked federal jurisdiction and as a result suffered the consequences of this judgment-should not now be heard to complain. ”

“ The court did not stop to inquire whether there had been a compliance with the removal provisions, holding that under those circumstances it did not lie in the mouth of the receiver to deny the jurisdiction he had sought. And see Toledo, St. L. & W.R. Co. v. ”