gno.law

Suydam v. Pitcher

California Supreme Court · · 1854-07-15 · Published · 4 Cal. 280

SUYDAM v. PITCHER & POOLE

Area
civil
Panel
William J. Murray, Jr. (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Murray

Mr. Ch. J. Murray Upon a re-argument, at this term, delivered the following opinion:

On the re-argnment of this cause, our attention has been particularly directed to the 68th section of the Practice Act, under which the authority of the Court below is said to be exercised.

After an examination of this section, we see no reason to change the opinion already given.

An appearance by attorney, at common law and by the express letter of our statute, amounts to an acknowledgment or waiver of service.

Such cases are not within the section referred to.

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