Page:Federal Reporter, 1st Series, Volume 6.djvu/614

 602 ' FB1I)I!»AL EEPOSTEB. �"that the «niform construction; under the clause of the act referred to, had been that it was not necessary to aver on the record that the defendant was an inhabitantof the district or f ound therein ; that it was sufficient if the court appeared to have jurisdiction by the citizenship or alienage of the par- ties. The exemption from arrest in a district in which the defendant was not an ihhabitant, or in which he was not found at the time of serving the process, was the privilege of the defendant, which he might waive by a voluntary appear- auce ; that if process was returned by the marshal as served upon him within the district it was sufficient ; and that where the defendant voluntarily appeared in the court below, with- Ottt taking the exception, it was an admission of the service» and a waiver of any further inquiry into the matter," �In Ex parte Schollenber^er, 96 U. S. 369, Chief Justice Waite says : "The act of eongress prescribing the place where a jjerson niay be sued is not one affeeting the general juris- diction of the courts. It is rather in the nature of a personal eixemption in favor of a defendant, and it is one which he may waive. If the citizenship of the parties is sufficient, a defendant may consent to be sued anywhere he pleases, and certainly jurisdiction wiil not be ousted because he has con- sented." �These authorities show very clearly, I think, that the de- fendants might waive the right to have this suit brought in the eastern district, and that by entering its general appear- ance in the cause, and its several applications for further time in which to answer, I hold that it has waived its right, in this case, to except to the jurisdiction of the court; the motion will, therefore, be overruled. ��� �