Patterson v. Wilson
Court of Appeals of Maryland
Appeal from Caroline county court. This was an action on the case in the nature of waste, instituted by the appellant against the appellee, a resident of Caroline county, on the 4th of March, 1829, to recover damages for injuries done to the appellant’s inheritance, situate in Dorchester county, by the appellee, the tenant thereof.
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Appeal from Caroline county court. This was an action on the case in the nature of waste, instituted by the appellant against the appellee, a resident of Caroline county, on the 4th of March, 1829, to recover damages for injuries done to the appellant’s inheritance, situate in Dorchester county, by the appellee, the tenant thereof. The defendant demurred specially to the declaration, upon the ground that the action was local, and should have been brought in Dorchester county. The plaintiff then joined in demurrer, and from the pro forma judgment against him, he appealed to this court.
1Opinion of the Court
The opinion of the court was delivered by
Dorset, J.
The question we are called on to decide is, can a defendant, in a local action, arising in a different county, be sued in the county in which he resides. According to the common law it is admitted that he could not; the ancient requirements of that system being that the trial shall be had before a jury of the vicinage, who are presumed to be acquainted with the subject-matter to which the controversy relates, and therefore more competent to decide it than a jury of strangers. But it is alleged that this wholesome provision of the common law…
2Cited by9 opinions
- Superior Construction Co. v. ElmoCourt of Appeals of Maryland · 1954
- Phillips v. Mayor of BaltimoreCourt of Appeals of Maryland · 1909
- Crook v. PitcherCourt of Appeals of Maryland · 1884
- Ireton v. Mayor of BaltimoreCourt of Appeals of Maryland · 1884
- Eck v. State Tax Comm. of Md.Court of Appeals of Maryland · 1954
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