
    ARTHUR FORD, Administrator, v. PIGEON RIVER LUMBER COMPANY.
    (Filed 31 May, 1911.)
    Removal of Causes — Time for Filing Pleadings — Exceptions — Waiver — implied Consent to Jurisdiction.
    The right of removal of a cause from the State to the Federal courts is waived by not excepting to an order extending the time to file pleadings, for in not excepting the defendant is deemed to have consented to the jurisdiction of the former court.
    Appeal from Chine, J., at tbe January Term, 1911, of Hat-wood.
    Petition for removal to Circuit Court of tbe United States from Superior Court of Haywood County, bis Honor, Judge Cline, presiding.
    From an order denying- tbe petition defendant appealed.
    
      S. Brown Shepherd and Q. W. Ferguson for plaintiff.
    
    
      Moore & Rollins for defendant.
    
   BeowN, J.

Tbe summons was returnable to September Term, 1910, at wbicb term an order was made in tbis cause as follows: “Plaintiff allowed forty days to file complaint; defendant bas forty days to file answer.” Tbe defendant did not except to tbis order and did not move to dismiss tbe action for failure to file complaint, as it bad a right to do.

It may be, as contended by defendant, that a petition for removal need not be presented until tbe complaint is filed, and tbe record then discloses a removable controversy as to tbe sum demanded, but under our decisions tbe defendant bas waived bis right to remove and submitted itself to tbe jurisdiction of tbe court by not excepting to tbe order we have quoted.

By failing to except to it, tbe defendant is taken to have consented to it. Lewis v. Steamboat Co., 131 N. C., 653; Bryson v. R. R., 141 N. C., 594; Garrett v. Bean, 144 N. C., 26.

Where an order of reference is made in a cause, and it is not excepted to and tbe exception noted on tbe record, it is taken to be a reference by consent, upon tbe principle that “silence speaks consent,” and a jury trial is thereby waived. Driller Co. v. Worth, 117 N. C., 515.

Upon same principle, wben tbe defendant tabes no- exception to tbe order extending tbe time witbin wbicb to file complaint and answer, tbe order is a consent order and voluntary submission by defendant to tbe jurisdiction of tbe court and a waiver of a right to remove.

Affirmed.  