Black’s Law Dictionary, 1st Edition, page 78-79:
APPEARANCE. In practice. A coming into court as party to a suit, whether as plaintiff or defendant.
The formal proceeding by which a defendant submits himself to the jurisdiction of the court.
According to Bouvier, appearance may be of the following kinds:
Compulsory. That which takes place in consequence of the service of process.
Conditional. One which is coupled with conditions as to its becoming general.
De bene esse. One which is to remain an appearance, except in a certain event. See DE BENE ESSE.
General. A simple and absolute submission to the jurisdiction of the court.
Gratis. One made before the party has been legally notified to appear.
Optional. One made where the party is not under any obligation to appear, but does so to save his rights. it occurs in chancery practive, espcially in England.
Special. That which is made for certain purposed only, and does not extend to all the purposes of the suit.
Subsequent. An apperaance by the defendant after one has already been entered for him by the plaintiff. See Daniell, Ch. Pr.
Voluntary. That which is made in answer to a subpoena or summons without process. 1 Barb. Ch. Pr. 77.
Black’s Law Dictionary, 2nd Edition, page 77:
APPEARANCE. In practice. A coming into court as party to a suit, whether as plaintiff or defendant.
The formal proceeding by which a defendant submits himself to the jurisdiction of the court. Flint v. Comly, 95 Me. 2(‘)1, 49 Atl. 1044; Crawford v. Vinton, 102 Mich. 83, 62 N. W. 988
Black’s Law Dictionary, 3rd Edition, page 123-124:
APPEARANCE. In practice. A com Ing into court as party to a suit, whether as plaintiff or defendant.
The formal proceeding by which a defendant submits himself to the jurisdiction of the court. Flint v. Comly, 95 Me. 2(‘)1, 49 Atl. 1044; Crawford v. Vinton, 102 Mich. 83, 62 N. W. 988; Childers v. Lahann, 1 N. M. 487, 138 P. 202, 203.
Appearance anciently meant an actual coming in to court, either in person or by attorney. Appearance may be made by the party in person or by his agent. Everett Ry., Light & Power Co. v. U. S. (D. C.) 236 F. 806, 808. But i criminal cases the personal appearance of the accused in court if often necessary.
Classification
An appearance may be either general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court, the latter a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit. National Furnace Co. v. Moline Malleable Iron Works (C. C.) 18 F. 864; Citizens’ Trust Co. of Utica v. R. Prescott & Son, 223 N. Y. S. 191, 197, 221
A special appearance is for the purpose of testing the sufficiency of service or the jurisdiction of the court; a general appearance is made where the defendant waives defects of service and submits to the jurisdiction.
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