Miollis v. Maze Lactic Cultures, Inc.

1 Citing case

  1. Sovereign v. Sovereign

    354 Mich. 65 (Mich. 1958)   Cited 29 times
    In Sovereign, supra, while this Court held that a circuit court retained its general and historic chancery power to hear and determine a custody dispute between the parents of a child who had been denied a divorce, we did not believe that "the circuit courts of Michigan sitting in chancery retain for all purposes the broad jurisdiction over children formerly exercised by the chancery courts."

    Further than that, however, we do not go. If the defendant asks other relief, which can be granted only upon the hypothesis that the court has jurisdiction, he has made a "general appearance." Miollis v. Pure Milk Association. 302 Ill. App. ? 115 ( 23 N.E.2d 582) (a motion to strike on the ground that a cause of action had not been stated held to invoke the jurisdiction of the court on the merits); Stubblefield v. Warren County, 170 Tenn. 211 ( 93 S.W.2d 1269) (defense of statute of limitations held to be upon the merits and amounting to a general appearance); Grieve v. Huber, 38 Wyo. 223 ( 266 P. 128) (plea of former final judgment bore such "substantial relation to the cause" as to amount, in conjunction with other pleas, to a general appearance). We are not bemused by the form of words used, by the caption as special or general.