Merco Distributing Corp. v. O & R Engines, Inc.

As background or frame of reference for all issues considered, it is to be noted that in this case the hearing or trial as to jurisdiction consisted entirely of statements made by attorneys for the plaintiff and defendant. No affidavits or depositions were filed by either side prior to the hearing or trial as to jurisdiction. In the colloquy between counsel, the defendant’s counsel interrupted plaintiff’s counsel to state: “I object. We have no testimony here.” The trial court responded: “Sustained, absolutely none. Counsel for the defendant is absolutely correct.” We agree that correct he…