Darling & Co. v. E. Rauh & Sons' Fertilizer Co.

Mr. Presiding Justice McSurely

delivered the opinion of the court.

This is an appeal from an order dismissing a suit for want of prosecution.

Plaintiff is an Illinois corporation and defendant an Indiana corporation with its principal place of business at Indianapolis. While the president of the defendant was temporarily in Chicago he was served with a summons in this assumpsit suit. Defendant filed a special appearance for the sole and only purpose of contesting the jurisdiction of the court over defendant, together with its motion to dismiss the cause for lack of jurisdiction. This motion was…