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" I state them as different things : the substantial distinction is, where the proceeding is in rem, and where the effect of the judgment cannot be had, if it is laid in a wrong place. That is the case of all ejectments * where possession is to be delivered... "
Essays: Upon I. The Law of Evidence. II. New Trials. III. Special Verdicts ... - Page 36
by John Morgan (Barrister-at-law) - 1789
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A Summary of Colonial Law, the Practice of the Court of Appeals from the ...

Charles Clark - 1834 - 768 pages
...is laid in a wrong place. That : the case of all ejectments where possession is to be be deliv ered by the sheriff of the county ; and as trials in England are in paiticular counties, and the officers are county offieers, the judgment could not have effect if the...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Volume 1

Joseph Chitty, Thomas Chitty - 1837 - 860 pages
...be hod, *if it were laid in a wrong place ; as in the [ *297 ] case of ejectments, where possession is to be delivered by the sheriff of the county ;...and as trials in England are in particular counties, and the officers are county officers, the judgment could not have effect if the action were not laid...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 1

John William Smith - 1841 - 744 pages
...cannot be had, if it is laid in a wrong place. That is the case of all ejectments * where possession is to be delivered by the sheriff of the county ;...in the proper county. With regard to matters that arise out of the realm, t But it there is a substantial distinction of locality too ; for there are...
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A Treatise on Pleading and Parties to Actions: With Second and ..., Volume 1

Joseph Chitty - 1851 - 900 pages
...be had, if it were r «257 ~J laid in a wrong place ; as in the case of ejectments, where possession is to be delivered by the sheriff of the county ;...and as trials in England are in particular counties, and the officers are county officers, the judgment could not have effect if the action were not laid...
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Reports of Cases Decided in the High Court of Chancery ..., Part 165, Volume 4

Great Britain. Court of Chancery - 1860 - 786 pages
...cannot be had if it is laid in the wrong place. That is the case of all ejectments, where possession is to be delivered by the sheriff of the county ;...officers are county officers ; therefore the judgment 1857. INNES v. MITCHELL. 1857. INNGS v, MITCHELL. could not have effect if the action was not laid...
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Chitty's Treatise on Pleading and Parties to Actions: With a Second Volume ...

Joseph Chitty, Henry Greening - 1876 - 1174 pages
...could not be had, if it were laid in a wrong place ; as in the case of ejectments, where possession is to be delivered by the sheriff of the county ;...trials in England are in particular ' . counties, and the officers are county officers, the judgment could not have effect if the action were not laid...
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Atlantic Reporter, Volume 65

1907 - 1150 pages
...judgment cannot be had, if It Is laid In a wrong place. That is the case of ejectment, where possession Is to be delivered by the sheriff of the county, and,...if the action was not laid in the proper county." Coming then, to the statutes in this state, bearing upon the question, we find, thnt by section 145...
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The American Decisions: Containing All the Cases of General Value ..., Volume 36

1886 - 848 pages
...judgment could not be had if it were laid in a wrong place, as in the case of ejectments, where possession is to be delivered by the sheriff of the county; and as the officers are county officers, the judgment could not have effect if the action were not laid in...
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A Treatise on the Law of Pleading Under the Code of Civil Procedure ...

Samuel Maxwell - 1892 - 932 pages
...cannot be had if it is laid in a wrong place. That is the case of all ejectmentswhere the possession is to be delivered by the sheriff of the county, and,...effect if the action was not laid in the proper county. * • » • But there is likewise a formal distinction which arises from the mode of trial ; for trials...
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A Selection of Cases on the Conflict of Laws, Volume 1

Joseph Henry Beale - 1900 - 536 pages
...is the case of all ejectments, where possession is to be delivered by the sheriff of the count\- ; and as trials in England are in particular counties,...in the proper county. With regard to matters that arise out of the realm, there is a substantial distinction of locality too ; for there are some cases...
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