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1 Baylor L. Rev. 340 (1948-1949)
Trespass, Crime and other Offenses a Venue Exception

handle is hein.journals/baylr1 and id is 360 raw text is: BAYLOR LAW REVIEW TRESPASS, CRIME AND OTHER OFFENSES: A VENUE EXCEPTION Under the Common Law, venue meant the neighborhood from which the jurors, as witnesses of the fact in issue, must come for the trial of an action.1 After jurors ceased to be witnesses and became judges of fact, the idea still prevailed that the jurors should come from the locale of the fact in issue. As the action venue was substituted for the fact venue, the transitory action de- veloped to follow defendants and their sureties who fled from their creidtors. Actions on land and titles thereto became local actions, while those against persons became transitory actions. The venue under the last might be laid in any county, for they might have arisen anywhere, or, as later appeared, in any county where the defendant might be found. In Texas, and in most other juris- dictions, the final result of this long development of the venue of actions was that the defendant should be sued in the county of his residence, as a matter of public policy. The Legislature, however, saw fit to add some thirty exceptions to the general rule that the defendant should be sued in the county of his domicile.2 Article 1995, and its subsection 9, as amended by the 50th Legislature in 1947,3 are as follows: No person who is an inhabitant of this State shall be sued out of the county in which he has his domicile except in the following cases: 9. Crime or Trespass.-A suit based upon a crime, offense, or trespass may be brought in the county where such crime, offense or trespass was committed, whether committed by the defendant or by his agent or representa- tive, or in the county where the defendant has his domi- cile. The courts have construed all the exceptions strictly, and have held that the provision having reference to crime and trespass4 reflects an intent not only to provide an exception to the general 167 C. J. 11. 2Tr.x. Rev. Civ. STAT. 1925, Art. 1995. 3Tvx. LAWS 1947, p. 739, ch. 72, § 1. 4Note 2, supra, subsection 9. [Vol. I

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