Document Type



Interstate Application of Intrastate Methods of Adjustment -- Place of Trial, 44 Harvard Law Review 41 (1930)


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.

Date of Authorship for this Version



jurisdiction, trial, defendant