Douglas8 v. Pacific Mail Steamship Co.
California Supreme Court
Appeal from the Fourth Judicial District. This was an action commenced by the plaintiff, in the District Court of the Fourth District, on a written, contract with the defendant, a foreign corporation, existing in the City and State of New York, to serve the defendant in the capacity of chief engineer, reporting for duty at Panama. Tire complaint charged a breach of the contract, and claimed wages due, and damages.
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Appeal from the Fourth Judicial District. This was an action commenced by the plaintiff, in the District Court of the Fourth District, on a written, contract with the defendant, a foreign corporation, existing in the City and State of New York, to serve the defendant in the capacity of chief engineer, reporting for duty at Panama. Tire complaint charged a breach of the contract, and claimed wages due, and damages. On the usual service, by publication, and on the necessary affidavits showing a cause of action, and non-residence of the defendant; also, forwarding a copy of the complaint and…
1Opinion of the Court
Mr. Ch. J. Murray
delivered the opinion of the Court.
Mr. Justice Heydeneeldt and Mr. J. Wells concurred.
There are two errors assigned by the-, appellant in this ' cause, which are both well taken.
The first is the order of the Court below, admitting the *306respondents to appear specially, for the purpose of moving to set aside the default, and to dismiss for want of jurisdiction.
[306] * It is clear that a party ought not to be allowed the benefit of any proceeding, unless he also assumes the responsibility of it. His appearance for one purpose, is a good appearance to the action.
The second is,…
2Cited by13 opinions
- Billings v. Tile StateIndiana Supreme Court · 1886
- Johnson v. Goodyear Mining Co.California Supreme Court · 1899
- C.R. v. Tenet Healthcare Corp.California Court of Appeal · 2009
- Farmers & Merchants National Bank v. Superior CourtCalifornia Supreme Court · 1945
- People v. Hacker Emporium, Inc.California Court of Appeal · 1971
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