Penniman v. . Daniel

Ashe, J. (after stating the fa'cts.) The defendant demurs to the complaint upon the ground that both he and -the plaintiff are non-residents of the State, and there has been no personal service of the summons upon him, and no service at all, except an attempted service of the summons by publication, which he insists gives the Court no jurisdiction of his person. But the defendant has filed this demurrer, and did so by his attorneys, who must have made an appearance for him to do so. The appearance, for aught that appears, is unqualified, and the reasonable construction is, that it was a general appearance, that is, for all purposes, otherwise the counsel would have asked leave of the Court to make a special appearance, which cures all antecedent irregularity in the process, and places the defendant upon the same ground as if he had been personally served with process. Wheeler v. Cobb, 75 N. C., 21; and the cases there cited. We are of the opinion there was no error. Let this opinion be certified to the Superior Court of Catawba. County, that further proceedings may be had according to law. No error. Affirmed.