Page:Federal Reporter, 1st Series, Volume 10.djvu/132

 120 FSDEBAL REPORTER. �On this branch of the case it will be important to determine whether a failure to give this notice operates to render the decree granting the discharge void, or whether it is only voidable on showing some ground for which it should have bepn withheld if properly presented before granting the discharge. Secondly, the crediter attacks the jurisdiction of the whole bankruptcy proceeding at the point of the original petition by alleging that the bankrupt was not a citizen or resident of this district, but of Louisiana. �It will be seen from what has been said how important to every person holding a oertificate of discharge in bankruptcy, and to all holding claims against them, are the questions raised by this peti- tion. Here is a crediter, after the discharge is granted, attacking it as void for want of jurisdiction, or for irregularities that necessarily reopen the whole case, and compel us to go over it again, to deter- mine not only the question of jurisdiction, but many other matters pertaining to the proceeding, and this, too, at the suit of a creditor who proved his debt, and took part in the proceedings without mak- ing this objection that he now sets up. Can this be done, and if so, under what limitations or restrictions ? It is sometimes, indeed Tery often, said loosely that it is never too late to take objection to the jurisdiction of a federal court, and there is not wanting a kind of judi- cial sanction for the notion that in determining questions of jurisdic- tion in these courts a more strict rule is to be applied than to other courts, and that they must be treated with that degree of scrutiny that is applied to jurisdiction obtained by extraordinary prooess, or to that belonging to courts of extraordinary powers. I dissent entirely from this view, and while we are constrained by authority in that class of cases where jealousy of these courts has resulted in very strict construction of their jurisdiction, and the mode of obtaining it, the principle does not at all apply in bankruptcy, admiralty, and other proceedings of which they have exclusive cognizance, so far as pertains to jurisdiction over the persons or res involved in the litiga- tion. �Entire want of jurisdiction over the subject-matter may be taken advantage of at any time, and it is never too late to make the ob- jection ; and it may be even collaterally attacked. Freeman, Judg- ments, § 120; Id. § 117 et seq. But where the objection goes merely to a want of jurisdiction of the person or the thing, there may be a waiver of the objection or restrictions as to the time and manner of making it; the judgment becomes not void, but only voidable, and pre- eumptions are indulged in favor of the jurisdiction, unless it be made ��� �