held it was error, Noy 96.
Thair v. Fosset, 1 N.C. 214, 1 Mart. 214 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 214, 1 Mart. 214
Thair vs. Fosset.
Pasch 3 Car.
ERROR is assigned on a judgment in the court of Verge, that the plaintiff declared on a trespass at St. Martin infra jurisdictionem, and on non culp. pleaded, there was a venire facias from St. Martin prædict. without saying infra jurisdictonem. And this being a court which is removed with the King’s residence, it may be that St. Martin
was *within its jurisdiction at the time of the contract and the declaration, and out of it when the venire facias was awarded, which is two months after. Therefore they ought to have said infra jurisdictionem, as in the declaration.