(concurring) :
The cause of action not having arisen in this State, and it being conceded that the defendant foreign corporation is not engaged in business here, affirmance is required by the decision of this Court in Thompson v. Queen City Coach Co., 169 S. C. 231, 168 S. E. 693 (1933). In Thompson, the plaintiff was a resident of South Carolina, the defendant bus companies were foreign corporations not doing business in this State, and the cause of action arose without the State. The defendants demurred to the jurisdiction of the court over their persons and over the subject of the action. Reserv*382ing the question of whether the demurrer constituted a general appearance curing any deficiency in the service of process, it was held that the circuit court lacked jurisdiction of the subject matter. The court rejected plaintiff’s reliance upon Section 826, Code of 1932 (Sec. 10-214, Code of 1962)1 on the authority of Lipe v. Carolina, C. & O. Ry. Co., 123 S. C. 515, 116 S. E. 101 (1923), and concluded:
“We can reach no, other conclusion than that, in order for a circuit court of this state to have jurisdiction in a case against a foreign corporation where the cause of action arises without the state, it must be shown that the corporation is ‘doing business’ within the state. To, hold otherwise would be inconsistent with the principles conceded and enunciated in the Lipe Case, which, we may add, is cited with approval in Hodges v. Lake Summit Company, 155 S. C. 436, 152 S. E. 658. This disposes of the matter in so far as the bus companies are concerned: it not being contended that they are ‘doing business’ in this state.” 168 S. E. at 697.
While I have reservations about the soundness of the construction of the relevant statute in Thompson, I concur in the result on the strength of this binding precedent.
Bussey, J., concurs.Which provides that an action against a foreign corporation maybe brought in the circuit court “by any resident of this State for any cause of action.”