Mackay v. Uinta Development Co., 229 U.S. 173 (1913)

Mackay v. Uinta Development Company

No. 190

Argued March 14, 17, 1913
Decided May 26, 1913
229 U.S. 173

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

Where the defect in service of process and in procedure in the state court are waivable, and after removal there is presented to the circuit court a controversy involving more than $2,000 and between citizens of different states, that court has jurisdiction, and the method of getting the case before the court cannot operate to deprive it of jurisdiction.

Removal proceedings are in the nature of process to bring the parties before the federal court.

The defendant may waive defects in removal proceeding if jurisdiction actually exists, and if he does so, the court will not of its own motion inquire into the regularity of the proceedings.

The facts, which involve the validity of the removal of this cause from the state to the federal court and the jurisdiction of the latter thereover, are stated in the opinion.