F. C. Welch Co. v. Barrett MacHine Co.

Hatcher, Judge:

This action was instituted before a justice of the peace. There was no appearance by the defendant and the plaintiff' recovered judgment. Defendant perfected an appeal to the circuit court and then “specially appearing” moved to' quash the return. The court sustained the motion and dismissed the ease.

The ruling of the court was erroneous. The appeal was a voluntary submission to the jurisdiction of the court. It constituted a general appearance and was a waiver of any defect in the service of process. Snyder v. Lyons, 94 W. Va. 489; Smith v. Thompson, 85 W. Va. 364, 366. “If,…