Swecker v. Reynolds

Citations

• 246 Pa. 197
• 92 A. 76
• 1914 Pa. LEXIS 492

Syllabus

<p>Judgments — Suit upon judgment recovered in another ■state— Defenses — Personal service — General appearance — Judgment uncertain in amount.</p> <p>1. Any action on the part of a defendant in a' pase brought against him, except an objection to the jurisdiction, which recognizes the case as being in court, will amount to a general appearance. A defendant can not take a chance in- a trial on the merits of the case and failing therein • s.et the judgment aside on the ground that he has never been in court at all. If a party wishes to insist upon the objection that he is not in court, he must keep out for áll purposes except to make that objection.</p> <p>■ 2: A partnership was made the defendant in a suit in'chancery in a county court in Virginia. The action resulted in a judgment against the firm. Process had been served upon only one partner, defendant in this action, and upon him when he was in attendance at court in another county in Virginia. Defendant disregarded the summons and subsequently after judgment employed counsel to have the same, set aside on the ground that no legal process had been served. A petition was accordingly presented to the Virginia court setting forth the defective service of process and the facts surrounding the case. The matter was proceeded with and in its final decree the court set aside the judgment because of defective service of process, but ordered a personal judgment against defendant. In an action in assumpsit in Pennsylvania upon the personal judgment so rendered defendant alleged lack of jurisdiction in the' court rendering the judgment. It appeared that the proceeding begun by defendant’s counsel had in view not simply the vacation of the judgment entered, but the retrial of the case on its merits and this with the full knowledge and acquiescence of defendant; that the petition filed on his behalf contained full denial of the allegations set' out in the original bill and prayed that the case be opened and retried by the cour