Knox v. Summers
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia. The plaintiffs in error brought an action of debt on a bond, against the defendants, in the court below; to which the defendant, Summers, after oyer of the writ, pleaded in abatement, that on the day of the issuing of the original writ, as well as on the day of its service on him, he was one of the marshal’s deputies for the district of Columbia, and that the writ was not directed to a disinterested person, appointed by…
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Error to the Circuit Court of the district of Columbia. The plaintiffs in error brought an action of debt on a bond, against the defendants, in the court below; to which the defendant, Summers, after oyer of the writ, pleaded in abatement, that on the day of the issuing of the original writ, as well as on the day of its service on him, he was one of the marshal’s deputies for the district of Columbia, and that the writ was not directed to a disinterested person, appointed by the court of the district of Columbia, or by any justice or judge thereof, to execute the same. To which plea, the…
1Opinion of the Court
The Court were unanimously of opinion, that the appearance by attorney cured all irregularity of process. The defendant, perhaps, might have appeared in propria personó,, and directly pleaded in abatement. But having once appeared by attorney, he is precluded from taking advantage of the irregularity.
The judgment reversed, the defendant ordered to answer over, and the cause remanded for further proceedings.
2Cited by25 opinions
- Converse v. WarrenSupreme Court of Iowa · 1856
- Pearce v. ThackeraySupreme Court of Florida · 1869
- Allan v. Diamond T Motor Car Co.Court of Appeals for the Tenth Circuit · 1961
- Durant v. Brown Motor CompanySupreme Court of South Carolina · 1928
- Romaine v. Union Ins. Co.United States Circuit Court · 1886
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