Fickett v. Higginbotham-Bailey-Logan Co.

The action is against a foreign corporation for goods sold and delivered. Defendant, appearing specially, moved on affidavits to vacate the service of process on the ground that the court had not obtained jurisdiction of its person. The motion was denied. An appeal was taken from that order but has not been prosecuted.

*19Defendant then answered, pleading first, the facts which, as it claimed, showed the court to be without jurisdiction of its person. Under protest expressed in the answer it then pleaded to the merits. On the trial it participated not only by offering proof on the jurisdictional…