Frazier v. Steel & Tube Co. of America

Miller, Judg!e :

The trial court sustained defendant’s plea in abatement and dismissed plaintiff’s action, for want of jurisdiction. The action was in assumpsit for breach of contract.

By its plea the defendant alleged that it is a foreign corporation, created and existing tinder the laws of the State of Delaware; that at the time of the institution of the action it was not engaged in business in this state, but had, under authority of the secretary of state, withdrawn from the state; and that at the time process was served on the state auditor, he was no longer authorized to accept service,…