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MANNION v. UNITED STATES SHIPPING BOARD E. F. CORP.

No. 74.

9 F.2d 894 (1925)

MANNION v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

November 9, 1925.

Attorney(s) appearing for the Case

Edward A. Vosseler, of New York City, for plaintiff in error.

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y. (Irving L. Evans, of New York City, of counsel), for United States Shipping Board Emergency Fleet Corporation.

Irving L. Evans, of New York City (Frederick H. Cunningham, of New York City, of counsel), for Daniel Ripley Co. and another.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

The defect on which the defendants rely was only one of venue, and as such might be waived. Panama R. R. v. Johnson, 264 U.S. 375, 44 S.Ct. 391, 68 L. Ed. 748. Hence, if the defendants, actually served, waived the defect by consent, or in any other way, the court, having substantive jurisdiction over the cause, might proceed. Section 278 of the Civil Practice Act of New York provides...

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