Public-domain · open source
OpenJurist

273 F. 521

Docket No. 226.

O'Brien v. Lashar

Second Circuit Court of Appeals

Decided March 24, 1921.)

Second Circuit Court of Appeals · decided 1921-03-24

<p>Appearance <5^10 — Participation by attorney in proceedings to entry of decree is general appearance.</p> <p>Where defendants’ attorneys first appeared specially to enter a plea to the jurisdiction, and did not subsequently enter a formal general appearance, their participation in the suits to the entry of the final decrees dismissing the bills constituted a general appearance.</p> <p>@=jFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>

Cited by 1 later decisions — most recently March 1921

1 federal appellate ·

3 counsel of record

Good law ✅— No negative treatment on recordhow we know

Motion denied · Opinion by (per_curiam) · Decided 1921-03-24

View the full empirical analysis of this case →

¶1Appearance <5^10 — Participation by attorney in proceedings to entry of decree is general appearance.

¶2Where defendants’ attorneys first appeared specially to enter a plea to the jurisdiction, and did not subsequently enter a formal general appearance, their participation in the suits to the entry of the final decrees dismissing the bills constituted a general appearance.

¶3@=jFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes

¶4In Equity. Separate suits by James J. O’Brien against Walter B. Rashar and others and against Percy P. Anderson and others. From a decree dismissing the bills, with leave to amend, plaintiff appeals. On motion to strike defendants’ brief from the files.

¶5Motion denied.

¶6James J. O’Brien, in pro. per.

¶7Arthur M. Marsh, of Bridgeport, Conn., for appellees Rashar and others.

¶8William H. O’Hara, of Bridgeport, Conn., for appellee Fairfield Park Companies.

¶9Before WARD, HOUGH, and MANTON, Circuit Judges.

¶10PER CURIAM.

¶11December 12, 1919, the defendants’ attorneys appeared specially to enter a plea to the jurisdiction. They never subsequently entered a formal general appearance, hut they took part in the suits from that date down to the entry of final decrees dismissing the hills November 1, 1920. This constituted a general appearance. 4 C. J. 1333.

¶12Motion denied.

/273/f1d/521 · .json · Public domain