The Law Dictionary

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APPEARANCE Definition & Legal Meaning

Definition & Citations:

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. 251, 49 Atl. 1044; Crawford v. Vinton, 102 Mich. 83, 02 N. W. 988. 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 Fed. S04. An appearance may also he either compulsory or voluntary, the former where it is compelled by process served on the party, the latter where it is entered by his own will or consent, without the service of process, though process may be outstanding. 1 Barb. Ch. Pr. 77. It is said to be optional when entered by a person who intervenes in the action to protect his own interests, though not joined as a party; conditional, when coupled with conditions as to its becoming or being taken as a general appearance; gratis, when made by a party to the action, but before the service of any process or legal notice to appear; de bene esse, when made provisionally or to remain good only upon a future contingency; subsequent. when made by a defendant after an appearance has already been entered for him by the plaintiff; corporal, when the person is physically present in court.


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