Argument for Defendant in Error. ment of this suit, the defendant had no agent, business, property, officer or servant in the State of Michigan, and had not been served and had not appeared." The court overruled the protest and defendant duly excepted. An instruction embracing the same point was also asked by defendant and refused, and an exception taken. A writ of error was allowed from the Circuit Court of Appeals for the Sixth Circuit and the cause heard by that Among the errors assigned were the refusal of the Circuit Court to grant the motion to set aside the service of declaration and rule to plead and to dismiss the cause; the compelling of defendant to go to trial against its protest, the court having no jurisdiction over its person; and the refusal of the instruction presenting the same point. The opinion is reported in 31 U. S. App. 192, and fully discusses the objection to the jurisdiction of the state court over defendant's person, ruling that the filing of a petition for removal to the Circuit Court effected a general appearance, and that it was too late after such removal had been perfected for it in the Circuit Court to attempt to plead that that court had no personal jurisdiction over the company by virtue of the process issued. The case was also considered upon the merits and the judgment was affirmed. Thereupon application was made by plaintiff in error to this court to issue a writ of certiorari to the Circuit Court of Appeals, which was granted, and the record having been sent up, the cause was submitted on briefs. Mr. Alfred Russell for plaintiff in error. Mr. Edwin F. Conely for defendant in error. The plaintiff in error did not allege in its petition of removal that it was unable to obtain justice in the state court, neither does the petition refer in any manner to the service on the defendant made in the state court; but it prays for the removal of the cause on the merits of the controversy, in which the matter in dispute exceeds the sum of two thousand dollars, and for no other reasons whatever. As it did not file in the state court a special appearance or VOL. CLXIV-18 Argument for Defendant in Error. a motion for the purpose of attacking the service made there, there was nothing in the record removed which could be reviewed or revived in the Federal court except the petition of removal, which with the declaration, comprised the entire record. Nor can it be inferred that it was the intention of the railway to attack the service after removal in the face of the petition, which refers only to a controversy on the merits which exceed the sum of two thousand dollars. This petition for removal as the case now stands could not be held an appearance in the state court for the purposes of attacking the service in that court on a motion made after a removal to the Federal court. The following cases are cited in support of the position that there is a conflict among the different circuits upon the question of allowing service in the state court to be attacked after removal to the Federal court, counsel claiming that the majority of these circuits sustain his position: Parrott v. Alabama Gold Life Ins. Co., 5 Fed. Rep. 391; Blair v. Turtle, 5 Fed. Rep. 394; Small v. Montgomery, 17 Fed. Rep. 865; Hendrickson v. Chicago, Rock Island &c. Railway, 22 Fed. Rep. 569; Miner v. Markham, 28 Fed. Rep. 387; Golden v. Morning News, 42 Fed. Rep. 112; Clews v. Woodstock Iron Co., 44 Fed. Rep. 31; Reifsnider v. Amer. Pub. Co., 45 Fed. Rep. 433; Forrest v. Union Pacific Railway, 47 Fed. Rep. 1; O'Donnell v. Atchison, Topeka &c. Railway, 49 Fed. Rep. 689; McGillin v. Claflin, 52 Fed. Rep. 657. In all these cases there was either a motion or special appearance by defendant for the purpose of setting aside. the service in the state court which formed part of the record removed, and many of these cases would seem to allow defendant to revive or renew such motion or special appearance, as being part of the record removed, the cause proceeding under the act of 1887 on the record removed only. The decisions, however, do not contemplate the taking up of any proceedings in the Federal court not contained in the record removed, and none of these cases can be compared with the present one, where the record consists of the petition for removal only, the contents of which we have referred to. Opinion of the Court. We therefore contend that there is no conflict in the different circuits on the questions raised by the facts and record in the case at bar. There also seems to be some misunderstanding as to the ruling of the Supreme Court on these questions, counsel contending that this court should by its decision settle such questions. We cannot overlook or ignore the decision in Bushnell v. Kennedy, 9 Wall. 387, where, among other things, Chief Justice Chase has given a final opinion for this court on the question of jurisdiction of the person of a defendant who, after praying for Federal jurisdiction, and bringing a cause in which he is interested into a Federal court, of his own. election and by his own act refused to proceed on the merits, and attacked the service in the state court, thereby attempting to deprive a plaintiff of the jurisdiction of both courts. The learned Chief Justice concludes his opinion in that case by holding that the petition for the removal of the controversy between the parties in the state court constitutes an appearance on the merits in the Federal court. In that case the question was fully discussed, and the decision has since been considered as the final judgment of this court in cases like the present one. See also Sweeny v. Coffin, 1 Dillon, 73; Sayles v. Northwestern Ins. Co., 2 Curtis, 212; Tallman v. Baltimore & Ohio Railroad, 45 Fed. Rep. 156; New York Const. Co. v. Simon, 53 Fed. Rep. 1. MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court. This was not a proceeding in rem or quasi in rem, but a personal action brought in the Circuit Court of Wayne County, Michigan, against a corporation which was neither incorporated nor did business, nor had any agent or property, within the State of Michigan; and service of declaration and rule to plead was made on an individual who was not, in any respect, an officer or agent of the corporation. The state court, therefore, acquired no jurisdiction over the person of Opinion of the Court. the defendant by the service. Did the application for removal amount to such an appearance as conceded jurisdiction over the person ? We have already decided that when in a petition for removal it is expressed that the defendant appears specially and for the sole purpose of presenting the petition, the application cannot be treated as submitting the defendant to the jurisdiction of the state court for any other purpose. Goldey v. Morning News, 156 U. S. 518. The question "how far a petition for removal, in general terms, without specifying and restricting the purpose of the defendant's appearance in the state court, might be considered, like a general appearance, as a waiver of any objection to the jurisdiction of the court over the person of the defendant," was not required to be determined, and was, therefore, reserved; but we think that the line of reasoning in that case and in the preceding case of Martin v. Baltimore & Ohio Railroad, 151 U. S. 673, compels the same conclusion on the question as presented in the case before us. In Goldey v. Morning News, Mr. Justice Gray, speaking for the court, observed: "The theory that a defendant, by filing in the state court a petition for removal into the Circuit Court of the United States, necessarily waives the right to insist that for any reason the state court had not acquired jurisdiction of his person, is inconsistent with the terms, as well as with the spirit, of the existing act of Congress regulating removals from a court of a State into the Circuit Court of the United States. The jurisdiction of the Circuit Court of the United States depends upon the acts passed by Congress pursuant to the power conferred upon it by the Constitution of the United States, and cannot be enlarged or abridged by any statute of a State. The legislature or the judiciary of a State can neither defeat the right given by a constitutional act of Congress to remove a case from a court of the State into the Circuit Court of the United States, nor limit the effect of such removal. . . Although the suit must be actually pending in the state court before it can be removed, its removal into the Circuit Court of the United States does not admit Opinion of the Court that it was rightfully pending in the state court, or that the defendant could have been compelled to answer therein; but enables the defendant to avail himself, in the Circuit Court of the United States, of any and every defence, duly and seasonably reserved and pleaded, to the action, 'in the same manner as if it had been originally commenced in said Circuit Court." 156 U. S. 523, 525. In Martin v. Baltimore & Ohio Railroad, referring to the provision of the act of Congress of 1887, defining the time of filing a petition for removal in the state court, it was said: "This provision allows the petition for removal to be filed at or before the time when the defendant is required by the local law or rule of court to answer or plead to the declaration or complaint.' These words make no distinction between different kinds of answers or pleas; and all pleas or answers of the defendant, whether in matter of law by demurrer, or in matter of fact, either by dilatory plea to the jurisdiction of the court or in suspension or abatement of the particular suit, or by plea in bar of the whole right of action, are said, in the standard books on pleading, 'to oppose or answer' the declaration or complaint which the defendant is summoned to meet. Stephen on Pleading, (1st. Am. ed.,) 60, 62, 63, 70, 71, 239; Lawes on Pleading, 36. The Judiciary Act of September 24, 1789, c. 20, § 12, required a petition for removal of a case from a state court into the Circuit Court of the United States to be filed by the defendant at the time of entering his appearance in such state court.' 1 Stat. 79. The recent acts of Congress have tended more and more to contract the jurisdiction of the courts of the United States, which had been enlarged by intermediate acts, and to restrict it more nearly within the limits of the earlier statutes. Pullman Car Co. v. Speck, 113 U. S. 84; Smith v. Lyon, 133 U. S. 315, 320; In re Pennsylvania Co., 137 U. S. 451, 454; Fisk v. Henarie, 142 U. S. 459, 467; Shaw v. Quincy Mining Co., 145 U. S. 444, 449. Construing the provision now in question, having regard to the natural meaning of its language, and to the history of the legislation upon this subject, the only reasonable inference is that Congress contemplated that the petition for removal |