Opinion
No. 4759.
Argued February 2, 1960.
Decided February 29, 1960.
ACTION OF TRESPASS, against a foreign corporation, in which the defendant appeared specially and moved to dismiss for lack of jurisdiction over the defendant. The Superior Court (Sullivan, J.), after hearing, granted the motion subject to the plaintiff's exception, and thereafter transferred to this court all questions of law presented by the exception. While the case was pending here the plaintiff moved in this court for leave to apply to the Superior Court to reopen the proceedings below "in order to present additional evidence upon the issues raised by said Motion to Dismiss."
James M. Winston for the motion.
McLane, Carleton, Graf, Greene Brown and David L. Nixon, (Mr. Nixon orally), opposed.
The plaintiff's motion seeking leave from this court to apply to the Superior Court to reopen the hearing upon the motion to dismiss is granted. The order is made without prejudice to the rights of the parties respectively, to support or resist the motion to reopen before the Superior Court; and no inference or implication with respect to the issues presented by the motion to be filed in the Trial Court are to be drawn from the entry of this order.
Motion granted.