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only to the extent of such property at the time the jurisdiction attached.


This section and the next two are intended to define the extent of the jurisdiction which our courts may exercise. This seems the more necessary to be done, since legal fictions are abolished.. It is a curious fact in legal history, that the jurisdiction, as well as the practice of courts, has depended in a considerable degree upon fictions. In the case of Mostyn vs. Fabrigas, Cowp. 161, it became a question, whether the defendant was responsible in England for a false imprisonment in the island of Minorca, and Lord Mansfield, delivering the judgment of the court, placed his reason principally upon the venue being laid in England, that is, the plaintiff had averred that the defendant imprisoned him at Minorca, to wit, at London aforesaid in the parish of St. Mary le Bow in the ward of Cheap. Upon such reasons, was the doctrine established that trespasses abroad might be sued for in courts at home.

The qualification, in section 1251, with respect to actions concerning real property, is proper in itself, and conformable to the decisions of our courts. Livingston vs. Jefferson, 1 Brockenb, 203-Watts vs Kinney, 6 Hill 82.

§ 1250. No corporation is subject to the jurisdiction of a court of this state, unless it appear in the court, or have been created by, or under the laws of this state, or have an agency established therein for the transaction of some portion of its business, or have property therein, and in the last case only to the extent of such property at the time the jurisdiction attached.


§ 1251. When the court has jurisdiction of the parties, it may exercise it, in respect to any cause of action,

wherever arising, except for the specific recovery of real property, situated out of this state, or an injury thereto, and except also as provided in section 988.


§ 1252. When a cause of action has arisen in a sister state, or in a foreign country, and by the law thereof, an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon cannot be maintained against him in this state, except in favor of a citizen thereof, who has had the cause of action from the time it accrued.

It is a general principle of our jurisprudence, that the law of the place, where a contract is made, determines its validity and construction, but that the remedy is to be administered according to the law of the place where the action is brought. The prescription of actions, or the time within which they may be brought, is, however, placed in the latter category, 13 Peters, 312,-6 Wend., 475. Hence, it happens, that a person who, by the lapse of time, is absolved from prosecution in his own state, is held liable the moment he passes it, even though the liability may be to his neighbor, who follows him for a remedy which he has lost at home. Now, as a general principle, it appears most consonant with right, that where, by the law of the domicil of the debtor, the debt is barred, it should be barred everywhere, except in favor of a domestic creditor.

Take, for example, the case of two persons living in the same town in Georgia. They had transactions twenty years ago, and one claimed a balance from the other, but time gradually closed over the claim, without any attempt by the creditor to enforce it in his own courts. At length, the debtor takes a journey to this state, and the creditor follows him and sues in our courts. The defendant cannot defend himself

upon our rule of limitations, because a person absent from the state is excepted from its operation, and, thus, our courts are compelled to investigate this ancient claim. It is to provide for such a contingency, that this section is proposed.

1253. The clerk must keep, among the records of the court, a register of actions. He must enter therein the title of the action, with brief notes under it, from time to time, of all papers filed, and proceedings had, therein. New. Necessary for many purposes, and especially for procuring hereafter full and accurate statistics of litigation.

§ 1254. When there are three referees, all must meet, but two of them may do any act which might be done by all; and whenever any authority is conferred on three or more persons, it may be exercised by a majority, upon the meeting of all, unless expressly otherwise provided by this code or by some other statute.

Conformable to the existing law.

§ 1255. The time within which an act is to be done, as herein provided, must be computed, by excluding the first day and including the last. If the last day be Sunday, it must be excluded.

Amended Code, § 407.

§ 1256. The publication of legal notices, required by law, or by an order of a judge or court, to be published in a newspaper once in each week, for a specified number of weeks, must be made on the first day of each week, in which such newspaper is published; and if required to be published oftener than once in each

week, the second publication must be made on Thursday of each week, or if the paper be not issued and published on Thursday, then on any other day in the week on which such paper is issued. And in all eases, where a municipal corporation is required to publish legal notices, and may designate the papers in which the publication is to be made, it must make such designation annually, by ordinance, for one year, and after such designation, all such legal notices must be published in the papers so designated.

The time for publication of legal notices must be computed so as to exclude the first day of publication, and to include the day on which the act or event, of which notice is given, is to happen, or which completes the full period required for publication.

Amended Code, § 425, modified.

§ 1257. No counsel can be permitted to speak on the argument of any case, more than one hour, without the special leave of the court, granted before the argument begins.

Conformable to the rule of the supreme court of the United States, lately adopted, substituting one hour for two.

§ 1258. A person, who, without probable cause, prosecutes an action or makes a defence, or takes any legal proceeding against another, is guilty of a contempt, and is also liable to an action therefor, at the suit of the party aggrieved.

Intended to prevent or punish sham actions and defences.

§ 1259. Rights of action, given or secured by existing laws, may be prosecuted in the manner provided by this code. If a case ever arise, in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this code, the practice heretofore in use may be adopted, so far as may be necessary to prevent a failure of justice.

Amended Code, § 468.



§ 1260. The provisions of this code apply to future proceedings in actions or suits heretofore commenced and now pending, as follows, and not otherwise :

1. If there have been no pleading therein, to the pleadings and all subsequent proceedings:

2. When there is an issue of law or of fact, or any other question of fact to be tried, to the trial and all subsequent proceedings:

3. After a judgment or order, to the proceedings to enforce, vacate, modify or reverse it, including the costs of an appeal.

§ 1261. Whenever the judges of the supreme court, in any district, find, that the court, at any term or circuit, has not been or will not be able to dispose of all the cases upon the calendar, it shall be their duty to re[CIVIL CODE.]


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