Jeannette v. Roehme

Citations

• 9 Pa. Super. 33
• 1898 Pa. Super. LEXIS 111

Syllabus

<p>Practice, O. P. — Appearance as a waiver of service.</p> <p>An appearance to the action, on the part of the defendant, is a waiver of service of the writ. Any action by the defendant, in person or by attorney, looking to a determination of the cause on its merits, operates as an appearance; preventing a default, and subjecting the defendant to the jurisdiction of the court.</p> <p>Service of process — Waiver of defects — Estoppel.</p> <p>A presentation of matter of defense to the action brings the defendant into court and is an act implying submission to its judgment, even if accompanied with a denial of the right of the court to hear the cause.</p> <p>In the case at bar the defendant appealed to the equitable powers of the court to have a judgment opened setting up the alleged illegality of the service of the scire facias and also alleging a defense on the merits. Aftel testimony taken the court discharged the rule. Held, that by asking and obtaining a decision on the merits, defendant submitted himself to the judgment of the court with the same effect as if a general appearance had been formally entered. On reason and authority it must be held to waive all objection to the service.</p>