Pierson v. Burney

The defendant was not bound to answer at that Term of the Court; but having answered, there can be no question that his answer was a waiver of process. It does not appear on what day of the Term the judgment was rendered ; but it doubtless was after the filing of the answer; for we cannot suppose the defendant would have done so idle a thing as-to file an answer after final judgment had been rendered against him, without at the same time moving to set aside the judgment. The answer must either have been withdrawn, or not brought to the attention of the Court. This, at least, must be the…