Leonosio v. Bartilino
South Dakota Supreme Court
Appeal from tbe circuit court, Lawrence county. Hon. A. J. Plowman, Judge. ■ Action for money had and received. Judgment for defendant, and plaintiff appeals. The facts are stated in tbe opinion.
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Appeal from tbe circuit court, Lawrence county. Hon. A. J. Plowman, Judge. ■ Action for money had and received. Judgment for defendant, and plaintiff appeals. The facts are stated in tbe opinion. Any appearance save a limited appearance to question the jurisdiction of the court either as to the subject matter or to the person, is a general appearance, and a voluntary general appearance of the defendant waives all irregularities or defects in the summons or the service thereof, and submits the person to the jurisdiction of the court, although a summons had never been issued. Raymond v. Strine,…
1Opinion of the CourtFuller, J.
This action for money had and received, was commenced and tried in justice court; and from a judgment against defendant, and in favor of plaintiff, for $58.50, including costs and disbursements, defendant appealed to the circuit court on questions of law alone. From a judgment of the circuit court dismissing the action, and taxing costs against plaintiff, in defendant’s favor, in the sum of $23, plaintiff appeals to this court.
A complaint was filed in justice court, and the summons states, in substance, that the action is for the recovery of $50, and that, unless defendant appear and answer,…
2Cases cited5 opinions
- Kimball v. MackNew York Supreme Court · 1833
- Tenny v. Filer.New York Supreme Court · 1832
- Lester v. CraryCourt for the Trial of Impeachments and Correction of Errors · 1845
- St. Paul Harvester Co. v. ForbregSouth Dakota Supreme Court · 1891
- In re Raymond W.New York Court of Appeals · 1978