Eldred v. Bank
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of Wisconsin; the case being thus: A statute of Michigan known as the Joint'Debtor Act* thus enacts: “ 1. In actions against two or more persons, jointly indebted upon any joint obligation, contract, or liability, if the process issued against all of the defendants shall have been duly served upon either of them, the defendant so served shall answer to the plaintiff; and in such case the judgment, if rendered in favor of…
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Error to the Circuit Court for the Eastern District of Wisconsin; the case being thus: A statute of Michigan known as the Joint'Debtor Act* thus enacts: “ 1. In actions against two or more persons, jointly indebted upon any joint obligation, contract, or liability, if the process issued against all of the defendants shall have been duly served upon either of them, the defendant so served shall answer to the plaintiff; and in such case the judgment, if rendered in favor of the plaintiff, shall be against all the defendants, in the same manner as if all had been served with process. “2. Such…
1Opinion of the Court
Mr. J.ustice MILLER
delivered the opinion of the court.
It is argued by the counsel of tne defendant in .error that the withdrawal of the plea of Anson Eldred left the case as to him as though he had never filed the plea, and that never having been served with process he was not liable to the personal judgment of the court.
We do not agréé to this proposition. The filing of the -plea was both an appearance and a defence. The case stood for the time between one term and another with an appearance and a plea. The withdrawal of the plea could not have the effect of withdrawing the appearance of the…
2Cases cited1 opinion
- Pollard & Pickett v. DwightSupreme Court of the United States · 1808
3Cited by24 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Schuler v. IsraelSupreme Court of the United States · 1887
- Harvey v. Fiduciary Trust Co.Massachusetts Supreme Judicial Court · 1938
- Brown v. FletcherCourt of Appeals for the Sixth Circuit · 1910
- Baker v. BakerSupreme Court of Iowa · 1957
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