Curtis v. Howard

Citations

• 33 Fla. 251

Syllabus

<p>1. Transitory or personal actions, as a general rule, follow the person of the defendant, and where process in such actions, emanating from a coiirt having jurisdiction of the subject-matter, is personally served upon the defendant in the county where the suit is instituted, the court acquires jurisdiction of both the subject-matter and the person.</p> <p>2. In such actions, under the system prevailng in this State, the defendant, a natural person, has the privilege of having the cause tried in the county of his residence, or in the county where-the cause of action accrued. Such privilege exists not because the court has no jurisdiction unless the defendant resides in the county where suit is brought, or the cause of action accrued there, but is conferred by statute.</p> <p>3. When a defendant is sued in a personal action, the subject-matter of which is within the jurisdiction of the court issuing the process, in a county other than the one in which he resides or the cause of action accrued, he can waive the privilege given by statute, and where he does not insist on it a valid judgment can be rendered against him.</p> <p>4. The proper way of insisting on the privilege given by statute to a defendant of being sued in the county of his residence, or where the cause of action accrued, where the record does not show the residence of the defendant, or the accrual of the cause of action, is by plea in abatement.</p> <p>5. A general appearance of a defendant in such actions does not waive his right to insist on his statutory privilege of being sued in the county of his residence, or where the action accrued, by plea in abatement subsequently filed within the time prescribed by the rules of practice for filing pleas.</p> <p>6. On the record in this case, held that the defendant did not waive his right to be sued in the county of his residence.</p>