JUDGMENTS - DEFAULT JUDGMENTS RENDERED WITHOUT JURISDICTION - VALIDATING EFFECT OF A SUBSEQUENT GENERAL APPEARANCE

Authors

Richard B. Maxwell, University of Michigan Law SchoolFollow

Abstract

The effect of a general appearance by the defendant following a default judgment rendered without jurisdiction over the person of the defendant has been again raised by the recent Wisconsin case of Schwantz v. Morris. In this case the original judgment was invalid for lack of jurisdiction over the defendants, but the Supreme Court of Wisconsin held, that by joining non-jurisdictional grounds with jurisdictional grounds in a motion to set the judgment aside, the defendants had waived any defects in or objections to the jurisdiction of the court and that this waiver related back to the time of the entry of the judgment and validated it as to them. The decision in this case appears to express the general rule of that state as indicated by a long line of similar decisions.

Recommended Citation

Richard B. Maxwell, JUDGMENTS - DEFAULT JUDGMENTS RENDERED WITHOUT JURISDICTION - VALIDATING EFFECT OF A SUBSEQUENT GENERAL APPEARANCE, 36 Mich. L. Rev. 455 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss3/8