Taylor v. McCafferty

Citations

• 27 Pa. Super. 122
• 1905 Pa. Super. LEXIS 17

Syllabus

<p>Equity — Equity practice — Appearance—Appearance de bene esse.</p> <p>A short appearance de bene esse, such as is customary on the law side of the court in Pennsylvania, cannot be treated as a conditional appearance in equity since it lacks the essential features of such an appearance. In form a conditional appearance contains a reservation of all benefit of exception to the bill and service, a submission to such order or process as the court shall direct, and the specific motion in the premises, with the ground on which it is based. Under our equity rules, a formal submission to process would seem unnecessary; but a limitation of the appearance, defining the purpose, is essential, or the appearance will be general, and thus cure the defect complained of. The words “de bene esse” in a prsecipe have no meaning in equity practice, and rejecting them as surplusage leaves the appearance general.</p> <p>Where a notice to answer indorsed on a bill in equity gives fifteen instead of thirty days, and a motion to dismiss the bill signed by an attorney at law gives as a reason, first that the notice is defective, and second, that the bill sets forth no cause entitling plaintiff to relief, the motion thus signed will be considered as a general appearance. The second reason assigned operates as a submission to the jurisdiction of the court in the premises, and cures the defect in the notice alleged in the first reason.</p>