Appearance

[L. Lat. comparentia, apparen Ha, apparitio.'] In practice. The act or proceeding in an action, by which the defendant is brought, or places himself before the court m which it is commenced, in Older to answer to the action. It is, in other words, the prescribed mode of complying with the exigency of the plaintifif's pi Kess; the defendant admitting by his appearance that he has had a general intimation of the suit, and is ready to receive more puticular statement of its ground and object.

3 Steph, Com, 564.

Appearance is the first act of the defendant in court, and, un Ul it is properly effected, no judgment can be awanlea against him in any personal action. Jd. ibid.

1 Tidd's Pr. 238.

In actions at law, an appearance is effected either by putting in sufficient bail, where the action requires bail; or, in nonbailable actions, by endorsing on the process served a memorandum authorizing the clerk to enter an appearance; or, in some cases, by filing common bail, or entering a common appearance.

1 Tidd*8 Pr, 238 — 240.

Arckb. N, Pract, ^l, A simple notice of appearance or retainer is also sometimes made equivalent to an appearance.

1 Burr, N, Y, Pract 112.

A <]Bstinction however is made between an appearance and puttmg in bail, whic^s properly the act M the court itself, l^idd'e Pr. 238. In equity, an appearance is usually effected by the solicitor of the defendant filing with the clerk a memorandum requesting the entry of his appearance in the action.

1 Daniel Fe Chanc. Pr. 590. 1 Barbour's Chanc. Pr, 79.

See Bail, Common Bail, Common Appearance.