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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

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-
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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