Case # Not Listed
George Abbott, John L. Lemon
James Semple
Monroe County
Justice Sidney Breese
Semple filed an assumpsit lawsuit against Abbott and Lemon for a promissory note. Abbott was served, Lemon wasn't found. At a special court term, defendants' motion to quash the writ were overruled, leading to a default judgment. Abbott and Lemon appealed, arguing lack of proper summons for Lemon. Court ruled both defendants appeared through their attorneys, making Lemon's absence irrelevant. The judgment was upheld, emphasizing that appearing for any purpose constitutes a general appearance, affirming the lower court's decision