Western Loan & Savings Co. v. Butte & Boston Min. Co., 210 U.S. 368 (1908)

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF MONTANA

Syllabus

Where diversity of citizenship exists so that the suit is cognizable in some circuit court, the objection to the jurisdiction of the particular court in which the suit is brought may be waived by appearing and pleading to the merits. In re Moore, 209 U.S. 490, overruling anything to the contrary in Ex Parte Wisner, 203 U.S. 449.

In a state where objection that the court has not jurisdiction of the person must -- as in Montana under code § 1820 -- be taken by special appearance and motion aimed at the jurisdiction, the interposition by defendant of a demurrer going to the merits as well as to the jurisdiction amounts to a waiver of the objection that the particular Circuit Court in which he is sued is without jurisdiction.

While, under § 914, Rev.Stat., practice in civil causes other than those in equity or admiralty in United States courts must conform to the state practice, where the jurisdiction of the federal courts is involved, this Court alone is the ultimate arbiter of questions arising in regard thereto.

The facts are stated in the opinion.