4. [I]n the parish of St. Mary-le Bow in the ward of Cheap. As the jury originally...

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4. “[I]n the parish of St. Mary-le Bow in the ward of Cheap.” As the jury originally decided cases on its own knowledge, it was necessary that jurors be drawn from the vicinity in which a transaction had occurred; the action therefore had to be brought near the place at which it arose, and the declaration had to show this. Since an English court could not summon jurors from abroad, technically it would have been impossible to bring an action on a contract made outside England. In such cases, however, plaintiff made an untraversable allegation that the contract had been made in the aforesaid parish and ward of the city of London. See Sack, Conflict of Laws in the History of English Law, in 3 Law: A Century of Progress 342, 370 (1937). Some cases actually must have arisen there, but you cannot tell from the records which they are.

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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