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Old 11-09-2005, 04:01 PM
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weishaupt1776 weishaupt1776 is offline
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Special Appearance

If you file motions you void the Special Appearance:

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, 97 Me. 251, 49 Atl. 1044; Crawford v. Vinton, 102 Mich. 83, 62 N.W. 988.
Classification. An appearance may be either general or special; the former is a simple 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 Mallebale Iron Work (cc.) 18 Fed 864." Black's Law Dictionary, 2nd Ed. (1910), p. 89, Title "Appearance."

Also see Black's Law Dictionary, 6th Ed. (1990), p. 97, title: "Appearance".

"A special appearance is an appearance solely for the purpose of
testing the jurisdiction: Bailey v. Schrada, 34 Ind 261; Huff v. Shepard, 58 Mo 246.
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Old 11-09-2005, 07:47 PM
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Livefire Livefire is offline
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Ok Weis,

I gotta bite here! In the common law default process the MtD is submitted after final default goes forth. Is this an exception to that premise??? Obviously the WoP and the WoM are prerogative in nature and not subjecting oneself to jurisdiction. Otherwise what you posted make perfect sense.... You ask the court something, then by definition, you invoke its jurisdiction!
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