2 Wash. 117 | Wash. | 1891
Lead Opinion
The opinion of the court was delivered by
— This action was commenced in the territorial district court held in Thurston county, for treble damages, upon a complaint containing the following allegations :
“(1) That between January 1 and September 1, 1889, the defendant entered upon the south half and the northeast quarter of the northeast quarter of section 33, in township 21 north, range 1 west of the Willamette meridian, in the state of Washington, being situated in the county of Pierce, and owned by this plaintiff, and in his possession, and did then and there, without leave of plaintiff, cut down, remove, dispose of, and convert to his own use the proceeds thereof, about-trees, containing fourteen hundred thousand feet of lumber, of the value of four thousand two hundred dollars. (2) That by reason of said removal and conversion the said defendant became and is indebted to plaintiff in the full sum of four thousand two hundred dollars, no part of which has been paid j and defendant has ■refused and does now refuse to pay the same or any portion thereof. (3) Thát by force of section 602 of the Code of Washington, defendant became and is liable to plaintiff in the full sum of twelve thousand six hundred dollars/*
The land upon -which the acts complained of were committed was in Pierce county. The defendant’s demurrer to the jurisdiction of the court, for the reason that the action was not commenced in the proper county, was overruled, and the cause proceeded to judgment.
The code, both by its express terms and by inferential provisions, seeks to reduce every private wrong to a dead
Still another objection is raised, however, namely, that section 47 does not absolutely require actions for injuries to real property to be commenced in the county where the subject of the action is situated, but extends the jurisdiction to the whole judicial district, which, in this instance, included both Pierce and Thurston, as well as many other counties; and, if that position is correct, the Thurston county court was fully authorized to entertain the action. But we are not satisfied that the term “district,” as used in section 47, has the meaning claimed for it. The four judicial districts formerly existing under the territorial regime were merely divisions of the territory for the assignment of the judges, and for some purposes of United States jurisdiction. No jurisdiction of matters cognizable under the territorial laws merely was based upon those districts. Here, as in the states, counties were the units of jurisdiction, and to them reference was made when any action was spoken of as “local” as distinguished from one which was “transitory.” But not every county had the privilege of sessions of the courts within its limits, and where two or more counties were joined for jurisdictional purposes they constituted a “ district ” in the sense in which the word was used in § 47, and action for injuries to real property could be commenced in the court of such a district only. The case of Wood v. Mastick, 2 Wash. T. 69, in a few words, announced the same conclusion here expressed.
The judgment must be reversed, however, for the court
The cause must go back for a new trial, wherein the measure of damages will be the value of the trees at the instant when they first became severed from the real estate, without further manipulation. See 4 Am. & Eng. Enc. Law, p. 123, and cases cited. The plaintiff will have leave to amend his complaint, if he desires. Cause remanded; costs to appellant.
Concurrence Opinion
(concurring). — I agree with the majority of the court that the judgment should be reversed. But I cannot thus agree as to the disposition of the case. I think that the plaintiff, having specifically stated in his complaint