Massachusetts Supreme Judicial Court January 15, 1863 ("George, the Count Joannes" v. Pangborn)

Dewey, J.

The purpose of the various statutes upon this subject has been to confine the party instituting an action to that particular tribunal to which jurisdiction thereof properly appertains, and, as a penalty for a failure in this respect, the party is subject to the loss of bis costs. It was thus provided as early as St. 1786, c.