Page:Federal Reporter, 1st Series, Volume 5.djvu/410

 898 FEDERAL REPORTER. �for the purpose of having him served with process, the courts will interfere by quashing the summons, or service thereof, to prevent the fraudaient and improper use of the process. This is a proper case for the exercise of such authority. The process of the court has been mjsused, if it has not been greatly abused. What has been properly and j'ustly done in numer- ous other cases must be done here ; that is, the service of the process in this suit, and the sheriff's return thereto, must be quashed, and it is so ordered. �It was clàimed, however, that as the defendants had appeared in the state court, had then filed a petition for the removal of the cause to this court, had actually had the cause docketed here and heard on the plea, that the defendants were stopped from further proceedinga on the said plea. It was considered that the cause was properly removed to this court. When the application for removal was made, the cause stood for hear- ing on said plea. It stood for hearing on the plea when it was first docketed in this court. Hearing was had thereon at the first possible. opportunity afforded the defendants. They bave contested, step by step, the supposed right of the plaintiff to force them into court in the manner stated. They have waived no privilege and lost no right by thus proceed- ing. They Lave a right to dispute^ and contest the juris- diction of the court at almost any stage of the proceedings, and, unless they have in sbme way waived or forfeited that right, they must be upheld in its exercise, regardless of con- sequences to either party, It is not believed that this right has in any manner been impaired by the defendants in their first appearance in the cause, nor during any of the subso- quent stages of the proceedings. �The plaintiff can, if he sees proper, have the cause contin- ued and an allas summons issued. But if there is no proba- bility of finding the defendants within the jurisdiction of this coart, no useful purpose can be served by its longer remain- ing on thedocket. �Note. See ParroU T. Alaiama Oold Life In». Co., supra. ����