Meisukas v. Greenough Red Ash Coal Co., 244 U.S. 54 (1917)

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Meisukas v. Greenough Red Ash Coal Company

No. 229

Argued May 2, 1917
Decided May 21, 1917
244 U.S. 54

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF NEW YORK

Syllabus

The right to challenge the jurisdiction of the district court over the person of the defendant is not waived by a special appearance for that purpose, by a postponement of the hearing at the instance of the plaintiff for the purpose of enabling him to be fully heard on the subject of jurisdiction reserving the right of defendant to plead to the merits if jurisdiction be sustained, or by an order of the court, sua sponte, directing plaintiff to amend his complaint so as to disclose citizenship more fully before the hearing on the jurisdictional question.

A motion to quash is a proper mode of attacking service and jurisdiction thereon depending in the district court; the Conformity Act does not require resort to a demurrer for this purpose, even though the state procedure does. So held where the motion was based on the grounds that defendant corporation was not doing business or possessed of property in the state and on want of representative capacity in the person served.

Affirmed.

The case is stated in the opinion.