
    Jeremiah Lawrence versus Daniel Smith and Abraham Russell, Jun.
    
      Practice. A plea to the jurisdiction of the Court is bad, if it gives jurisdiction to no other Court of this state.
    Where it appears to the Court that neither the defendant, nor any property of his. is within the jurisdiction of the commonwealth, the Court will stay all further proceedings.
    This action was assumpsit, in which the defendants are described as of the city, county and state of New York. The service endorsed is an attachment of nominal property [a chip] of the defendants, and the leaving of a summons with their attorney, William P. Walker.
    
    The defendants, by their said attorney, plead to the jurisdiction of the Court, because they are inhabitants of * the state of New York, and at no time have been resident within [ * 363 ] this state, and that no estate of theirs has been attached on this writ.
    To this plea the plaintiff demurs, and the defendants, by the same attorney, join in demurrer.
    
      
      Hutbert, for the plaintiff.
    
      Dewey, for the defendants.
   By the Court.

As a plea in abatement to the jurisdiction, the plea is unquestionably bad, as it gives jurisdiction to no other Court of this state. But the Court will not proceed in the suit, as it does not appear that either of the defendants, or any estate of theirs, is within the jurisdiction of the commonwealth.

Let an entry be made that the plea is adjudged bad; and let a further entry be made that, for the reasons aforesaid, all further proceedings stay.

See statute of 1797, c. 50. § L, relating to suits against defendants out of the state, also to giving notice to defendants sued . 
      
      
         Vide Guild, Adm., vs. Richardson, 6 Pick. 364, and the cases there cited in the arguments.
     