ned by the place where the land lies. But where the decree is for the doing of an act which may be done any where, as for the conveyance of land or the payment of damages in lieu thereof, the person of the defendant gives jurisdiction wherever he may be served with a process. That the defendant was domiciliated in another jurisdiction than that in which he was served with the process, does not matter. So is the jurisdiction of a court of law-mutatis mutandis. -Dunn et ux. v. McMillan, 1 Bibb, 409; Brown v. McKee's Rep's. 1 J. J. Mar. 474; Parish v. Oldham, 3 J. J. Mar. 546; Dicken King, 3 J. J. Mar. 591; Austin's Heirs, &c. v. Bodley, 4 Mon. 434; Lewis v. Morton, 5 Mon. 1.

4. Upon a bill touching a mere transitory matter, where there is but a single party, the court of one circuit cannot issue a subpoena in chancery to another county against the defendant. The circumstance of a contract having been made in a county will not give the court of that county jurisdiction to issue a subpœna to another county. -Cave v. Trabue, 2 Bibh, 444, 1 J. J. Mar.

474.

5. An action will lie in the circuit courts for an injury done in another state.-Watts v. Thomas, 2 Bibb, 458.

6. Upon a joint and several obligation, the plaintiff sued from the Jefferson circuit a writ against one in Jefferson and one in Nelson, and dismissed the suit as to the one in Jefferson; the court had no jurisdiction to proceed against the one in Nelson.-Lewis v. Davis, 2 Bibb, 570.

7. Circuit courts may award writs of prohibition to county courts, to restrain them from determining causes properly cognizable in the circuit courts.-Reese v. Lawless, 4 Bibb, 394.

8. The circuit court has jurisdiction of an action on a constable's bond, for a failure to pay over money collected, although the statute has given a different remedy, and the sum is under fifty dollars.-Commonwealth for Morgan, v. Bohon, 1 Litt. 23.

9. Where the action is local, and is brought in a wrong county, it is not necessary for the party to plead in abatement; it may be given in evidence under the general issue.— Birney v. Haim, 2 Litt. 264.

An action by a remote grantee against the warrantor, is founded on privity of estate and is local, and must be brought in the county where the land lies.-Ibid. VOL. I.

63

10. The court of chancery of the county where the mortgaged property or part of it is, has jurisdiction when the plaintiff asks that the property may be sold, &c. as well as that the the equity may be foreclosed, and process may go out to another county against the defendant; not so, however, when a bare foreclosure is asked. In the one case, the jurisdiction attaches to the person, and in the other, to the thing.-Owings v. Beall, 3 Litt. 304. See Austin's Heirs v. Bodley, 4 Mon. 434.

11. Where a tract of land lies in two counties, an action in one county will not recover that part which lies in the other.-Hord v. Walker, &c. 5 Litt. 23.

12. The Mason circuit court has no jurisdiction of a bill asserting a superior entry for land lying partly in that and partly in Fleming county, against non-residents holding the legal title, and who are served with process by order of publication only, and residents owning and occupying parcels in Fleming county, and who are served with process in Fleming. Such suit is transitory, and not local, and must be brought in the county where process is executed.-Austin's Heirs v. Bodley, 4 Mon. 436.

13. The circuit court cannot enjoin a judgment for less than five pounds.-Cummins, &c. v. Canter, 4 Mon. 493.

14. A suit by a purchaser of land for compensation, on account of a deficiency in the quantity. sold and paid for, by mistake of the parties, is transitory, not local; and the jurisdiction appertains to the circuit where the defendant may be served with process, and no other, unless he appear and waive the objection.-Williams "▾. Burnett, 6 Mon. 322.

15. H exhibited his bill against C, M, W, and A, to enjoin proceedings on a judgment and execution in the name of C, assigned by him to M, and by him to W, stating as his ground of equity, payment of the sums specified to A, the attorney of C, who as attorney had assigned the judgment to M. Process was served on A, and he made no answer to the bill of H. The other parties answered, admitting the statements of the bill. W, the last assignee, made his answer a cross bill against A, stating that at that time he was a resident of New Jersey, alleging that he had not paid over the sum of $119, received by him as attorney, and therefore praying a decree against him for that sum. There was nothing in the bill to give the court jurisdiction against A, who was

419.

16. The circuit courts have not jurisdiction of motions against constables for failing to return executions or pay over money in cases less than five pounds. Two or more of such demands cannot be united so as to give the court jurisdiction.-Harris v. Smith, 7 Mon. 311-12.

17. On a bill to foreclose a mortgage, &c. unless both the realty and the persons were out of the county and fixed in some other, the court had jurisdiction. A bill to foreclose is in rem and in personam; and either the thing or the person of the defendant gives jurisdiction.-Breckenridge's Heirs v. Ormsby, 1 J. J. Mar. 256.

18. The nominal amount on the face of an execution endorsed that Commonwealth's paper would be received, determines the question of jurisdiction of a motion against a constable. The court cannot judicially know that the amount is of less value than five pounds, where the sum upon the face of the execution is larger.-Gentry v. Gilkey, 1 J. J. Mar. 373.

19. Appearance and defence to the merits is a waiver of all objection to jurisdiction, if the court have cognizance of the subject matter of controversy; but when a party resists a decree, and is refused permission to answer, his motion to set aside steps taken and file an answer, will not be construed a waiver of any objection to jurisdiction.-Brown v. McKee's Rep. 1 J. J. Mar.

475.

20. Where the suit is transitory, and the subpœnas executed are directed to another county than the one in which the suit is brought, the court ought, ex-officio, to dismiss the bill for want of jurisdiction. The appointment of a guardian ad litem for infant children of one of the defendants pendente lite, who were brought before the court by an amendatory bill, on which a subpœna was issued to another county, and answer by the

21. The chancery court of the county in which a judgment at law is obtained, always has jurisdiction to enjoin the judgment if any court can take cognizance of it.—Strother, &c. v. Caldwell's Adm'r. 2 J. J. Mar. 355.

22. Unknown heirs or non-resident defendants may be proceeded against with a view to obtain title to land, in the circuit in which the land lies. But it is otherwise with respect to resident citizens who are known: they must be served with process in the county where the suit is brought.Dicken v. King, 3 J.J. Mar. 392.

23. Circuit judges have power to grant injunctions to operate in any part of the state, and district judges had like power.-Mason v. Chambers, 4J. J. Mar. 409.

But they cannot perpetually enjoin judgments of other circuits, unless by locality or otherwise they have jurisdiction of the bill for a special object. If plaintiff in a judgment of one county file a bill of injunction in another, he puts the chancellor in possession of the whole case, and he may enjoin the judgment perpetually, if a final determination of the case require it.—Ibid; Lemaster v. Lair, 1 Dana, 109.

24. Restitution of land is a matter of local jurisdiction: though where other circumstances give jurisdiction over the parties and their ccntract, and the restitution is a mere incident, it may be decreed in another county.-Walker's Ex'rs. v. Ogden, 1 Dana, 252.

25. Where the court has jurisdiction of the subject matter, but not of the person as where no def't is found in the county, but the process is served elsewhere, the decree is not void; for the party might appear and submit to the jurisdiction. If he fails to do so, the decree is merely erroneous, and binding until reversed.-Wickliffe v. Dorsey, 1 Dana, 462.