Ward Hunt

“ The leave to withdraw the appearance of the defendant's attorneys was given upon the condition that it should be 'without prejudice to the plaintiff.' This meant that the position of the plaintiff was not to be unfavorably affected by the act of withdrawal. All his rights were to remain as they then stood.
A general appearance waives all question of the service of process. It is equivalent to a personal service. The question of jurisdiction only is saved. ”

“ Assuming the rule to plead to have been effectual, as it manifestly would have been had there been no withdrawal, and assuming that a failure to comply therewith placed the defendant in default, and entitled the plaintiff to a judgment by nil dicit, as would manifestly have been the case had there been no withdrawal, the plaintiff and the court held the action to be undefended, and a judgment was entered for the plaintiff, with damages to be assessed by a jury to be impanelled. ”