The Right to and Cause for Action, Both Civil and Criminal, at Law, in Equity, and Admiralty Under the Common Law and Under the Codes

The Right to and Cause for Action, Both Civil and Criminal, at Law, in Equity, and Admiralty Under the Common Law and Under the Codes

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...one county and the report filed in. another. Suit was brought in the county wherethe debt arose. The defendant disputed the jurisdiction there, by a motion to transfer the case for trial to the county where the report had been filed. This was overruled. Upon the question thus made, the action went to the court of appeals." With respect to jurisdiction, the Code provided. that cases should be tried in the county "where the cause of action or some part of it arose." The contention of the plaintiff was, that as the debt had been made in the county where he began his suit, a part of the cause arose there, and. therefore it was well brought. The court, however, held otherwise. In the opinion they say: "The statute imposes upon the oflicers of such a company, as a penalty for a false report, liability for the debts of the company., This cause of action arose in Monroe County.-The false report was there made and filed, and the penalty there incurred. The learned counsel for the plaintiff, however, claims that, as the debt against the company had its origin in St. Lawrence County, some part of the cause of action arose there. But the defendant was not primarily liable for that debt. He did not create it, or in any way obligate himself to pay it. The cause of action against him is the false report, and nothing else. The false report, the wrong of the defendant, gives the plaintiff the right to enforce the penalty. It is true that the plaintiff, to sustain his action, must prove not only the false report, but the debt against the company. This is so because the statute imposes no specific penalty for its violation." On these grounds, the judgments below were reversed, for want of jurisdiction in the trial court....show more

Product details

  • Paperback | 36 pages
  • 189 x 246 x 2mm | 82g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236859448
  • 9781236859440