¶1denied the motion on the ground that the voluntary appearance of the defendants by their attorney was, for all purposes of the action, the equivalent of personal service, and entitled the plaintiff to the costs as adjusted. The case of Macomber agt. The Mayor, &c., of New York (17 Abb. Pr. R., 35), in so far as it holds that a voluntary appearance will not justify a judgment on failure to answer without proof of the actual service of the summons, disapproved. Ho costs allowed, as the question is a new one.
46 How. Pr. 114
Schwinger v. Hickox
Decided November 15, 1873
Superior Court of Buffalo · decided 1873-11-15
Motion by defendants for readjustment of plaintiff’s costs. The action was brought against twelve defendants, and the summons was personally served on only two of them. The other ten defendants voluntarily appeared in the action by an attorney and answered the complaint. The issues thus joined were tried, and judgment was recovered by the plaintiff against all the defendants.
Cited by 1 later decisions — most recently December 1887
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1873-11-15
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