Brown v. Bodwell ex rel. Parker

Citations

• 5 Scam. 302

Syllabus

<p>Error to Winnebago.</p> <p>1. Process — to foreign county. As a general rule, original process cannot be directed to a different county from that in which the suit is commenced; but the statute has exempted a particular class of cases from the operation of this rule.</p> <p>2. Same — necessary averment. Where original process is issued to a foreign county the declaration must contain an averment either that the cause of action accrued in the county where the suit is instituted, and that the plaintiff resided there at the time of the commencement of the suit, or that the contract on which the action is brought was specifically made payable in that county. Without such averment the court has not jurisdiction of the person of the defendant, (a) </p>