Ervin v. Oregon Railway & Navigation Co.

— The defendant, on whose behalf the motion to dismiss the complaint is made, although a foreign corporation, before answering appeared generally in the action. Such appearance in itself gave the court jurisdiction over the person of the defendant, but not necessarily over the cause of action. For although a defendant voluntarily appears in an action, he may yet object to the jurisdiction of the court over the subject-matter, as is done in this instance (Burnett agt. Chicago and Lake Huron R. R. Co., 4 Hun, 114 ; Carpenter agt. Central Park and North and East River R. R. Co., 11 Abb. [N. S.],…