Altpeter

Motion to dismiss the appeal.

In this case the party originally sued was the Postal Telegraph-Cable Company organized under the laws of the state of New York. Counsel for that corporation appeared and answered. The cause was set down for trial, a jury was impaneled and witness Heller sworn on behalf of plaintiffs. It soon transpired that the injury complained of, if any, was committed by the servants of the Postal Telegraph-Cable Company of California, a corporation separate and distinct from the New York corporation. Counsel for plaintiffs moved to amend the complaint by striking out the words “New York” and inserting the word “California,” which motion was granted. Counsel for the New York corporation objected and asked for -a formal order dismissing the action as to the New York corporation. “The Court: There is no such defendant in the case and never has been. I am taking your words exactly as they were given. The Postal Telegraph-Cable Company of New York, there is no such company as I have seen. Mr. Hatfield (counsel for the New York corporation) : I never said anything of the kind. (The reporter reads the remark of Mr. Hatfield as follows: I would ask an order dismissing…