Currey v. Trinity Zinc, Lead & Smelting Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) The withdrawal of au appearance is within the discretion of the court. As a general rule it should he allowed when the appearance is unauthorized. 3 Cyc. 529; Graham v. Spencer, 14 Fed. 603; 2 Amer. & Eng. Ency. PI. and Pr. 696. (2) If a party makes a motion in a cause, limiting his appearance to a particular purpose, this does not constitute a general appearance. 2 Ency.
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Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) The withdrawal of au appearance is within the discretion of the court. As a general rule it should he allowed when the appearance is unauthorized. 3 Cyc. 529; Graham v. Spencer, 14 Fed. 603; 2 Amer. & Eng. Ency. PI. and Pr. 696. (2) If a party makes a motion in a cause, limiting his appearance to a particular purpose, this does not constitute a general appearance. 2 Ency. PI. and Pr. 637; 3 Cyc. 509; Godley v. New Haven, 156 U. S. 518; Hawkins v. Pier.ce, 79 Fed. 452; Kime v. Lant, 68 Fed. 436. (3) To authorize a judgment…
1Opinion
*433ON REHEARING.
GRAY, J.
— The respondent charges that the opinion in this case is in conflict with the following cases: Atkinson v. R. R. Co., 81 Mo. 50; Nevatt v. Springfield, 79 Mo. App. 198; Clond v. Pierce City, 86 Mo. 357; Adams v. Cowles, 95 Mo. 501 8 S. W. 711; Mobley v. Nave, 67 Mo. 546; Henley v. Kinley, 16 Mo. App. 176; Milner v. Shipley, 94 Mo. 106, 7 S. W. 175; Ainge v. Corby, 70 Mo. 257; Feurt v. Caston, 174 Mo. 289, 73 S. W. 576.
The above list includes cases from all the appellate courts of this state. And we are further advised by the respondent that our opinion is in conflict…
2Cases cited20 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Adams v. CowlesSupreme Court of Missouri · 1888
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Becknell v. BecknellIndiana Supreme Court · 1887
- Feurt v. CasterSupreme Court of Missouri · 1903
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