128 Iowa 706 | Iowa | 1905
Section 3541 of the Code, found in the chapter relating to the manner of commencing actions, after enacting that the mode of appearance in court may be (1) by filing a memorandum to that effect with the clerk, (2) or by entering an appearance in the appearance docket or the judge’s calendar or announcing it to the court, or (3) by appearing for some special purpose connected with ‘the case, provides that “no member of the General Assembly shall be held to appear or answer in any civil or special action in any court while such General Assembly is in session, nor shall any person be held to answer or appear in any court on the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the twenty-fifth day of December, or on any day of thanksgiving appointed by the President of the United States or by the Governor of this State.” •
An appearance as here contemplated is a submission to the jurisdiction of the court in response to the service of the original notice, and the exemption intended is from doing that which is declared to constitute such appearance on the days designated. The statute has no application to one who has previously appeared and answered nor to attendance on court thereafter. The phrase “ held to appear or answer ” should be construed with reference to the subject-matter of the section, and, as that concerns appearance in an action in response to the notice “ to appear,” must have been intended in the same technical sense. Our statute does not create of holidays dies non juridicus. Cham
Tlhe verdict was not excessive, and the judgment is affirmed.