Paregol v. Smith

The following is the substance • of an opinion prepared by me for consideration of my colleagues, which did not meet with their approval. I adhere to my views as therein expressed.

I'would rule that the vacating of the •judgment by the trial court was error. There can be no doubt that the court had jurisdiction over the person of the tenant, as he voluntarily appeared on the ’return day and made no objection to the court’s jurisdiction over him. It is well settled that failure to raise such a defense, either by motion or by answer, constitutes a waiver of that particular defense.1 Although an…