Hayes v. Shattuck

Citations

• 21 Cal. 51

Syllabus

<p>The authority of an attorney at law to appear for parties for whom he enters an appearance in an action will he presumed where nothing to the contrary appears.</p> <p>A voluntary appearance by a defendant gives jurisdiction of his person without the issuance of any summons. This was equally the case under the Practice Act as it stood in 1855.</p> <p>In an action of ejectment by a purchaser under a decree in a suit for foreclosure of a mortgage, to which the mortgagees were parties, against a subsequent lessee of the mortgagees, no question can be raised by the defendant as to the due execution of the mortgage. Of this fact the decree in the foreclosure suit is conclusive.</p>