Special Appearance, Jurisdictional Challenge
Chisholm v. Georgia, 2 U.S. 419 (1793)
The defendant, Georgia (State), refused to appear, claiming that, as a sovereign state, it could not be sued without granting its consent to the suit.
The state failed and was found subject to the court, yet the point is they tried to stay independent by refusing to appear.
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California Law On Special vs General Appearance. 1970
https://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1123&context=pubs
pg 28:
The fundamental rule is that the substance of the motion, the character
of the relief sought and the grounds urged in support thereof, and not the
label affixed to the proceeding, control.
Denominating the appearance as “special” is of no consequence whatsoever.
That rule was thus stated in Judson v. Superior Court:
Did the party appear and object only to consideration of the case or
any procedure in it because the court had not acquired jurisdiction over
the person of the defendant or party? If so, then the appearance is
special.
If, however, he appears and asks for any relief which could
be given only to a party in the pending case, or which itself would be a
regular proceeding in the case, it is a general appearance regardless of
how adroitly, careful or directly the appearance may be denominated or
characterized as special.
The rule in this regard may be epitomized by
saying that if a defendant by his appearance insists only upon the
objection that he is not in court for want of jurisdiction over his person
and confines his appearance to that purpose only, then he has made a
special appearance, but if he raises any other question or asks any relief
which can only be granted upon the hypothesis that the court has
jurisdiction of his person, then he has made a general appearance.12
((The key is to challenge the moving party [not the judge] to evidence what you did, said, or signed, as to give the US court jurisdiction over you as a “PERSON”. US courts can only administrate ‘PERSONS/fictions’, they do not have general jurisdiction over man, for such remains in common law. Use the rules of evidence to block them. They must have sworn testimony, to place on the record.))
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