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Free Books / Society / Law / Law Pleading, Code Pleading, Federal Procedure, Evidence / | ![]() |
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Section 51. Appearance |
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This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
"The appearance of the defendant is the act or proceeding by which he is brought or places himself before the court, in order to answer the action.
It may be either:
(a) Voluntary; or
(b) Involuntary, when the defendant is compelled to appear by special process. If voluntary, it may be
(a) General.
(b) Special."
Snydam vs. Higgeford, 23 Pick., 465; Harrow vs. Lyon, 3 Greene, 157.
5 Carter vs. Arbuthnot, 62 Mo.,
582.
6 Robertson vs. Roberts, 1 A. K.
Marsh (Ky.), 247, citing Lanier vs. Grant, Hard. (Ky.), 450.
7 Read vs. Kirkwood, 19 Ark., 332.
8 Ency. of Pleading & Practice, Vol. 3, page 53.
A general appearance is one where the defendant appears to contest the merits of the case. A special appearance is one where the defendant appears for some special purpose only, as to contest the jurisdiction of the court.
 
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