Chumley v Broom
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1741 |
| Date | 01 January 1741 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 833
IN THE COURT OF KING'S BENCH
crumley versus broom. 5 Mod. 335. Plea to the jurisdiction of the Court is never sworn, but a foreign plea is. Styl. 225. Lit. Rep. 236. 1 Sid. 330. 1 Saund. 97. 1 Mod. 81. Vide ante, 11. 1 Salk. 30, 201, 202. 2 Salk. 515, 543, 544. Lutw. 236. An action of debt was brought in B. R. and the plaintiff laid the visne in such a place within the County Palatine of Chester, which county was also in the margin of the declaration. The defendant did not imparl, but pleaded by attorney, that he is, and at the time of the action brought was, resident at the said place within the said County Palatine of Chester, and so prayed judgment, if the Court of B. R. ought to hold plea of this matter. But the plaintiff rejected this plea, because it was not sworn by the defendant (taking it to be a foreign plea) and therefore he signed judgment for want of a plea. Sed per Holt Ch. Justice, a foreign plea is where the action is carried out of the county where 'tis laid, which in this...
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