McNeal v. Gossard
Supreme Court of Kansas
Error from Cowley district court; James Lawrence, judge. STATEMENT. A judgment was rendered against the plaintiff in error in the district court of Barber county on May 23, 1893. On May 16, 1899, a motion was filed in that court to revive this judgment, it having become dormant after the expiration of five years from the date of its rendition.
Read the full summary
Error from Cowley district court; James Lawrence, judge. STATEMENT. A judgment was rendered against the plaintiff in error in the district court of Barber county on May 23, 1893. On May 16, 1899, a motion was filed in that court to revive this judgment, it having become dormant after the expiration of five years from the date of its rendition. Notice of the hearing of this motion, set for May 26, 1899, was served on McNeal by the delivery to him of a copy thereof in Logan county, Oklahoma, where he was at that time residing, by the sheriff of that county. Thereafter NcNeal wrote to Martin, an…
1Opinion of the Court
*116The opinion of the court was delivered by
UuNNÍnghaM, J.:
If McNeal -was bound by the ■general appearance entered for him by his attorney, ¡(x. M. Martin, we need not consider the sufficiency of the Oklahoma service of notice to bring him in. He claims, however, that, as he authorized only a special appearance, anything beyond that did not bind him ■Or give the court jurisdiction over him. In the letters ■of the 17th and 23d- of May nothing was stated by McNeal that looked to the limitation of the right to ■enter a general appearance for him. That of the 17th called upon the attorney to defeat…
2Cases cited3 opinions
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Chambers v. HodgesTexas Supreme Court · 1859
- Kramer v. GerlachAppellate Terms of the Supreme Court of New York · 1899
3Cited by3 opinions
- Chisler v. RandallSupreme Court of Kansas · 1927
- Rahn v. Searchlight Mercantile Co.Nevada Supreme Court · 1935
- Rahn v. Searchlight Mercantile Co.Nevada Supreme Court · 1935