Harkness v. Hyde, 98 US 476 (1878) p97.
Subject:
jurisdiction: motion to dismiss
Facts:
Action brought in 1873 in a district court of the territory of Idaho for the county of Oneida. Summons was served by the sheriff on D on his place of residence which was an Indian reservation.
Procedure:
D mover to dismiss, on the ground that the service made on the reservation was outside the bailiwick of the sheriff, and without the jurisdiction of the court. The motion was adjourned to the Supreme Court of the Territory and was there overruled.
Issue:
Did the Supreme Court of the Territory have jurisdiction inside an Indian reservation?
Rule:
When making a special appearance, D is not committing himself to the jurisdiction of that court.
Holding:
The service was an unlawful act of the sheriff as there was no jurisdiction on the reservation.
Rationale:
Right to object to jurisdiction was not waived by special appearance of D. His appearance did not waive the illegality in a proceeding by which jurisdiction is to be attained.
Policy/Notes:
Defendant did make a general appearance during because there was a trial.
