2 Or. 89 | Or. | 1863
This is a suit in chancery, where a decree was rendered for tbe plaintiff Tbe service was not sufficient, as to time, but defendant voluntarily appeared, and tbe question here is: Did such an appearance by tbe defendant waive bis right to time to plead, given him by statute, as in ordinary cases % Service was bad on tbe 24th day of May, and the-return day was the second Monday in June following, which, was less than twenty days. The Statute of 1859, page 18,, provides that in suits in equity, as well as actions at law, a defendant may be brought into court either by tbe service of' tbe complaint and notice or by subpoena, as provided in the Statute, title 1, of chapter 1, regulating proceedings in suits in equity. Such statute provides that no defendant in equity shall be compelled to plead, answer, or demur in less than.
Judgment is reversed.