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GEORGE G. DOUGLASS, Appellant, v. THE PACIFIC MAIL STEAMSHIP CO., Respondent

         JUDGES: Mr. Ch. J. Murray delivered the opinion of the Court. Mr. Justice Heydenfeldt and Mr. J. Wells concurred.

         OPINION

          MURRAY, Judge

         There are two errors assigned by the appellant in this cause, which are both well taken.

         The first is the order of the Court below, admitting the respondents to appear specially, for the purpose of moving to set aside the default, and to dismiss for want of jurisdiction.          It is clear that a party ought not to be allowed the benefit of any proceeding, unless he also assumes the responsibility of it. His appearance for one purpose, is a good appearance to the action.

         The second is, that the Court erred in restricting the operation of the 30th section of the " Act Defining the Manner of Commencing Civil Actions," to natural persons.

         The word " person," in its legal signification, is a generic term, and was intended to include artificial as well as natural persons.

         Judgment reversed, and cause remanded.

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Douglass v. Pacific Mail S.S. Co.
(Oct 1, 1854)