Hill v. Mendenhall
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of North Carolina. Hill sued Mendenhall in the court below upon a judgment in one of the courts of record in the State of Minnesota. The plea was nul tiel record alone. Upon the trial of the issue made by this plea, the plaintiff introduced in evidence an exemplification of the record sued upon.
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Error to the Circuit Court for the Eastern District of North Carolina. Hill sued Mendenhall in the court below upon a judgment in one of the courts of record in the State of Minnesota. The plea was nul tiel record alone. Upon the trial of the issue made by this plea, the plaintiff introduced in evidence an exemplification of the record sued upon. This record showed upon its face that the defendant was, at the time that action was commenced, a resident of the State of North Carolina; that the summons issued had been returned not served; that thereupon, by order of the court, service was made…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
It is true the record sued upon in this ease does show that defendant was not served with process, but it also shows his voluntary appearance by an attorney. If this appearance was authorized, it is as effective for the purposes of jurisdiction as an actual service of summons. When an attorney of a court of record appears in an action for one of the parties, his authority, in the absence of any proof to the contrary, will be presumed. A record which shows such an appearance will bind the party until it is proven that the attorney acted…
2Cases cited2 opinions
- Shumway v. StillmanNew York Supreme Court · 1831
- Harrod v. BarrettoThe Superior Court of New York City · 1829
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- Booth v. FletcherCourt of Appeals for the D.C. Circuit · 1938
- German Savings & Loan Society v. DormitzerSupreme Court of the United States · 1904
- Ritchie v. McMullenSupreme Court of the United States · 1895
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