Page:Dakota Territory Reports.djvu/378

Rh A court can acquire a limited jurisdiction in an action by the allowance of a provisional remedy; but jurisdiction does not become complete until the service of a summons in some of the modes prescribed by law, or by the voluntary appearance of the defendant.

In this case the defendant voluntarily appeared by its attorney, made answer, and contested the claim throughout. A voluntary appearance by the defendant is equivalent to personal service of the summons upon him, and after such appearance the court acquires full jurisdiction for all purposes whatsoever.

The proceedings upon attachment may be void, or so defective as to give no jurisdiction of the person of the defendant; yet if he appears and contests the action upon the merits, a valid judgment may be rendered.

The judgment of the District Court is Affirmed.

All the Justices concur.

1. INDICTMENT:. On an indictment charging an assault, or assault and battery with intent to kill, the defendant may be convicted either of the crime charged, or of an assault, or assault and battery with intent to do bodily harm, or for assault and battery, or for a simple assault.

2. -: -: -. An assault with intent to do bodily harm and without justifiable or excusable cause, is not a felony under the statute, nor was it at common law.