1787-11-13 (static/transcriptions/1787/11/312.jpg)

The Authorities both in the Ancient and Modern Books agree that there ought to be a plea to the Jurisdiction of the Court to make the Proceedings void, 22 Ass. Pl. 64. it is there said, if Debt, Covenant or Trespass be brought in an inferior Court for a matter done out of their Jurisdiction, if the Jurisdiction of the Court before that challeng’d, the Proceedings will be void. In 22 E. 4. H. it is said, that it appears that the Contract was made out of the Jurisdiction, and yet they proceed to Judgement, the Party shall avoid it by Plea; for in that case it is coram non Judice, as in the case of the Marshalsea, where both Parties are not of the King’s Household.
I will consider in the next place, whether this Action lies against the Plaintiff in the inferior Court. And I am of opinion that it doth not lie; because the Action being in it’s nature transitory, the Plaintiff himself may not himself know where his cause of Action did arise; for aBond may be seated to the use of the Plaintiff with sufficient Witnesses, and may afterwards be sent to the Plaintiff who may peradventure divell at a great distance; or Money be received to the Plain
-tiff’s