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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...though it seems the state, parties may bind themselves by an agreement not to set up defect of jurisdiction.1 In this country we have numerous rulings to the effect that an action for injuries to land must be brought in the state where the land is situated.2 Hence an action for cutting down telegraph poles (regarded as part of the land) can only be maintained in the state where the offence was committed.3 But it has-been held that where a wrongful act is done in one state from which an injury to land accrues in another state, the defendant may be sued in either state.4 And it has been also held that to exempt the defendant in an extra-territorial suit, the plaintiff's cause of action must rest on an injury to something attached to the realty, which is not the case when the thing injured is a movable fishing shanty.5 i Burnley v. Stevenson, 24 Oh. St. « Williams v. Mans, 6 Watts, 278; 474. Bingham's App. 64 Penn. St. 845. 3 Wcstlake, § 64; Martin v. Martin, The fact that mortgaged land be2 R. & M. 507; Waterhouse r. Stans-longing to a deceased person is situate field, 10 Hare, 259. in a particular state does not give the 8 Supra, § 276. judex ret sitae jurisdiction to compel 4 Westlake (1880), § 1G5; Martin the executor, a citizen of another state, r. Martin, 2 Rus. & M. 507; Hicks v. to pay such mortgage out of personal Powell, L. R. 4Ch. Ap. 741; Norton property situate in the latter state. v. Land Co. L. R. 7 Ch. D. 332. Rice v. Harbeson, 63 N. Y. 493. 6 Watkins v. Holman, 16 Pet. 26; 7 1 Smith's Lead. Cas. 781; SkinMcElrath v. R. K. 55 Penn. St. 189; ner v. E. Ind. Co. cited Cowp. 167; Henry v. Doctor, 9 Ohio, 49; Bluke v. The M. Moxham, L. R. 1 P. D. 112. Davis, 20 Ohio, 231. 5. Liens on Immovables. § 291. It...
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