Page:North Dakota Reports (vol. 3).pdf/389

 McBane v. People, 50 Ul. 503; Curtis v. Jackson, 23 Minn. 268; Frearv. Heichert, 34 Minn. 96, 24 N. W. Rep. 319. But what was the effect of this general appearance, made subsequent to the entry of the decree? In Anderson v. Coburn, supra, it was held that, as to the immediate parties to the action, such appearance validated a judgment that was theretofore absolutely void for want of juris- diction. Such was also the holding in Grantier v. Rosecrance, supra, and in Alderson v. White, 32 Wis. 308; Burdette v. Corgan, 26 Kan. 102; Fee v. Iron Co., 13 Ohio St. 563; and Curtis v. Jackson, 23 Minn. 268. But this last case was expressly overruled, as to that point, in Godfrey v. Valentine, 39 Minn. 336, 40 N. W. Rep. 163. It may not be imperatively necessary for us to pass upon the point, but we cannot forbear saying that we think the case in 39 Minn. 336, 40 N. W. Rep. 163, rests upon much the better foundation in principle. We can well understand that where a defendant against whom judgment has passed, but who was in no manner served with process, comes into court, and asks to have that judgment set aside by reason of such want of service, and also for other alleged irregularities connected therewith, by asking the court to investigate such other irregularities he submits himself to the jurisdiction of the court, and can no longer be heard to say that the court has no jurisdiction of his person. We can understand, also, that if, upon investigation, the court finds that such irregularities do not exist, and refuses to set aside the judgment, the defendant is forever bound by such rulings, unless reversed in a higher court. But we do not understand upon what principle it is held that the mention of such other irregularities in connection with the want of jurisdiction should forever preclude any investigations into the existence of such irregularities. A defendant who has not been served with process may have the judgment against him set aside for that cause. If plaintiff desires to proceed further he must then bring the defendant into court by proper servfce, and, when so in court, defendant may demur to the complaint, or defend, as he sees proper. But if, when he asks to have the judgment set aside, he gocs one step