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 of the CourtGray, J.
— The plaintiff brought this suit, in the circuit court of Jasper County, on the 2d day of July, 1910, to recover from the defendant $1620', and to impound certain funds belonging to the defendant in the hands of A. F. Carmean, clerk of the circuit court of said county. In aid of the suit, an attachment was issued and the funds of the defendant owing by tenants on its mining lands in said county, were garnisheed. Summons was issued to the sheriff returnable to the Octo*428ber term of the court. There was no service on the defendant, but on the 5th day of October, (the third day of the term) the…
2Cases cited2 opinions
- Hall v. McConeyMissouri Court of Appeals · 1910
- Whiting v. BuddSupreme Court of Missouri · 1838
3Cited by7 opinions
- Whitledge v. Anderson Air Activities, Inc.Supreme Court of Missouri · 1955
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- Wood v. WoodMissouri Court of Appeals · 1986
- Armstrong v. ElrickMissouri Court of Appeals · 1913
- Barrett v. Oakley, SheriffWyoming Supreme Court · 1929
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