Ruby Chief Mining & Milling Co. v. Gurley

The first question presented by counsel for appellant requires but little attention. It is based upon alleged irregularities in the service of process. When the motion to quash the return upon the summons was denied, a general appearance was made on behalf of appellant and an answer' was filed traversing the averments of the complaint. The defects, if any, in the service were thus waived. By appel(lant’s action the court obtained jurisdiction in the premises as fully as if there had been no irregularity in the issue, service or return of the summons. The principle of waiver under such…