Commercial Cas. Inc. Co. v. Consolidated Stone Co., 278 U.S. 177 (1929)

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Commercial Casualty Insurance Company v.

Consolidated Stone Company
No. 75

Argued November 28, 1928
Decided January 2, 1929
278 U.S. 177

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. The objection that a suit in the district court between citizens of different states was not brought in the district of the residence of either goes only to the venue, and is waived when the defendant, though duly summoned, remains passive, neither answering nor appearing, and suffers judgment by default. P. 179.

2. The waiver in such case results also under § 1311, Ohio Gen.Code, the objection to venue being apparent on the face of the plaintiff’s petition. P. 180.

Response to a question certified by the circuit court of appeals.