Interstate Application of Intrastate Methods of Adjustment -- Place of Trial

Abstract

An earlier article describes the mischievous consequences of Ad determining the state of trial according to the nature of actions and of permitting suits on transitory actions wherever the defendant may be " found," and traces various attempts to escape these consequences by statutory and constitutional limitations on jurisdiction, by rules of construction, and by statutes and injunctions against exporting suits. There is a certain fascination in following a number of channels of legal development each with its separate history but with a common direction given to all of them by pressure to meet some practical end. In this instance investigation revealed no satisfactory way out. Attempts to meet trial convenience by warping the concept of " finding " the defendant have resulted in much subtlety of reasoning, but this process is too cumbersome to correct any but the most extreme abuses. Attempts to restrain the exportation of suits have proved, if anything, less successful.