Barney & Smith Car Co. v. E.W. Bliss Co.

Plaintiff asks leave to discontinue on payment of costs. One reason assigned for desiring such leave is that the plaintiff is a foreign corporation and has never procured authority to do business in this state and that the plaintiff is apprehensive that the defendant may move for a dismissal of the case for lack of jurisdiction. This is answered by the defendant by a disclaimer of any such intention and a waiver of any right to object upon that ground. In his brief the counsel for the plaintiff expresses fear that the objection is not of such a character that it can be waived by the parties,…