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GENERAL INV. CO. V. LAKE SHORE & M. SOU. RY. CO., 260 U. S. 261 (1922)

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U.S. Supreme Court

General Inv. Co. v. Lake Shore & M. Sou. Ry. Co., 260 U.S. 261 (1922)

General Investment Company v. Lake Shore

& Michigan Southern Railway Company

No. 34

Argued October 6, 1922

Decided November 27, 1922

260 U.S. 261


1. A motion by a defendant to quash service of process may be made in and entertained by the district court after removal of the cause, chanroblesvirtualawlibrary

Page 260 U. S. 262

though previously made and overruled in the state court before removal. P. 260 U. S. 267.

2. Service on a foreign railway corporation in a state where it had no railroad or office, upon a person not its agent, held void. P. 260 U. S. 268.

3. A petition of removal filed in a state court, with or without reservations as to jurisdiction, is a special appearance, and leaves the validity of attempted service of process open to question in the district court. P. 260 U. S. 268.

4. An objection to the validity of service of process made by special appearance in the state court and renewed in like manner in the district court after removal held not waived by a stipulation that evidence directly relating to it and used on the first hearing, might be used on the second. P. 260 U. S. 269.

5. The filing of a brief, subscribed by solicitors as "solicitors for the defendants," held to have been on behalf of the one defendant duly served, and not to have been intended or to have operated as a general appearance for another defendant not duly served. P. 260 U. S. 270.

6. The restriction (Jud.Code, § 51) that no suit shall be brought in the district court against any person by any original process or proceeding in any other district than that whereof he is an inhabitant does not affect the general jurisdiction of the court over the particular cause as defined by § 24, but merely establishes a personal privilege of the defendant which he may waive, and does waive by entering an appearance without claiming it. P. 260 U. S. 272.

7. Under Jud.Code, §§ 28, 29, permitting removal of causes to the district court "for the proper district," the proper district is that one which includes the county or place where the suit in the state court is pending at the time of the removal. P. 260 U. S. 274.

8. In providing for removal of suits arising under the federal Constitution or laws " of which the district courts . . . are given original jurisdiction by this title," § 28 of the Judicial Code (like § 2 of the Judiciary Act of 1888) refers to the general jurisdiction conferred by § 24, and not to the venue provision of § 51 (see supra, par. 6). P. 260 U. S. 276.

9. A suit arising under the federal Constitution or laws may therefore be removed to the "proper district" (embracing the seat of the state court) by a defendant who is not an inhabitant of that district, and who consequently could have objected to the venue under Jud.Code § 51. P. 260 U. S. 279.

10. No change in the meaning of the Judiciary Act of August 13, 1888, was intended or wrought by the rearrangement of its parts in the Judicial Code. P. 260 U. S. 278. chanroblesvirtualawlibrary

Page 260 U. S. 263

11. Like § 51 Jud.Code, the special provision as to venue made by § 12 of the Clayton Act respecting suits under antitrust laws does not affect the general jurisdiction of the district courts, but allows the defendant a personal privilege which he may waive. P. 260 U. S. 279.

12. A suit against two railroad companies -- one having lines within and without, and the other lines without, the state of suit -- to enjoin them from entering into consolidation and to dissolve the consolidation if consummated pendente lite is a suit in personam to which the provisions of Jud.Code § 57 for special service of process in local suits directly relating to specific property do not apply. P. 260 U. S. 279.

13. The office of a supplemental bill is to introduce matters occurring after the filing of the original bill, or not then known to the plaintiff (Equity Rule 34), but not to shift the right in which the plaintiff sues or change the character and object of the suit. P. 260 U. S. 281.

14. Application to file a supplemental bill is addressed to the sound discretion of the court. P. 260 U. S. 281.

15. Where a decree of the district court dismissing a bill was affirmed by the circuit court of appeals as to part of the bill, but as to the remainder was reversed upon the ground that, as to that part, the dismissal was erroneously based on a supposed defect of parties, held that, upon the return of the case, other objections to the remaining part which might have been, but were not, urged or considered on the appeal could be considered by the district court and by the circuit court of appeals on a second appeal. P. 260 U. S. 284.

16. In a suit by a shareholder to prevent two corporations from carrying out an agreement for a consolidation alleged to be unlawful, which was subject to ratification by their shareholders, held that one of t