Rio Grande Irrigation & Colonization Co. v. Gildersleeve
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This was action of assumpsit begun in the district court for Bernalillo County, Territory of New Mexico, on the 17th day of July, 1894, by Charles H. Gildersleeve against the Eio Grande Irrigation Company.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO. This was action of assumpsit begun in the district court for Bernalillo County, Territory of New Mexico, on the 17th day of July, 1894, by Charles H. Gildersleeve against the Eio Grande Irrigation Company. The declaration is in the ordinary form, containing a special count upon a promissory note for the sum of $50,760, dated June 30, 1890, bearing interest at the rate of twelve per cent, and containing also the common counts in assumpsit. The note sued on was payable to P. E. Smith and indorsed- by him and defendant in error, and a…
1Opinion of the CourtJustice Shiras
It is conceded that the Rio Grande'Irrigation and Colonization Company was duly served with process, and that an appearance was entered on its behalf by H. L. Pickett, a qualified attorney. The essential question in the case is whether the subsequent withdrawal of his appearance by the attorney,, without leave of the court, left the record in a condition in which a judgment by default for. want of an appearance could be validly entered.
' Cases are cited by the appellant’s' counsel in which it has been held that the appearance of a defendant, once regularly entered, cannot be withdrawn without…
2Cases cited4 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- United States v. CurrySupreme Court of the United States · 1848
- England v. GebhardtSupreme Court of the United States · 1884
- Creighton v. KerrSupreme Court of the United States · 1874
3Cited by52 opinions
- Pope v. United StatesSupreme Court of the United States · 1944
- Hill v. United States Ex Rel. WamplerSupreme Court of the United States · 1936
- Weil v. NearySupreme Court of the United States · 1929
- State v. RoyNew Mexico Supreme Court · 1936
- Calnetics Corporation and Meier-Line, Inc. v. Volkswagen of America, Inc., Calnetics Corporation v. Volkswagen of America, Inc., (Five Cases)Court of Appeals for the Ninth Circuit · 1976
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