PLACE WHERE

3 definitions found across Law Mind sources

PLACE WHEREAuthored
The Law Mind • 821 words
Definition
"Place where" is an archaic English-language phrase meaning the specific location at which a legally relevant event occurred. It is a literal translation of the Latin term *locus in quo* ("the place in which") and was used interchangeably with that term in older common law pleading and reporting. The phrase typically appeared in the context of trespass, ejectment, and similar actions where the precise physical location of the wrong — or of the land in dispute — was a required element of the pleading. In practice, "place where" functioned as a shorthand reference to the site of the alleged act, whether that was land the plaintiff claimed title to, pasture into which cattle strayed, or ground upon which a trespass was committed. The phrase carried no independent doctrinal content beyond its role as a locative marker in pleading.
Common Language
Modern common usage (Wiktionary): "Place where" is an ordinary English prepositional phrase indicating location — as in "the place where it happened." No specialized meaning. Historical common usage (Webster's 1913): Used identically in common speech as a locative construction. The gap here is not one of divergent meaning but of precise legal function. In common speech, "place where" is merely descriptive. In the older reports, it operated as a quasi-technical substitute for *locus in quo*, signaling to readers that a specific pleading requirement — identification of the relevant location — was being addressed. A researcher unfamiliar with this usage may read the phrase as casual description when it is in fact performing a defined procedural role.
Common Confusion
"Place where" and *locus in quo* are functionally identical in the older reports. Researchers should not treat them as distinct concepts. Both refer to the same pleading element: the identified location at which the cause of action arose or the property at issue was situated. Some digests and abridgments index under one term but not the other; a search that captures only *locus in quo* may miss entries phrased in the English form, and vice versa.
Why It Matters in Research
This term is almost exclusively a feature of early modern English common law reports — the period roughly spanning the Year Books through the mid-eighteenth century. Researchers working in that stratum of the corpus should recognize that "place where" is not a term of art requiring independent analysis but a bilingual artifact of a reporting tradition that moved fluidly between Latin and English. Two practical traps arise. First, full-text searches for *locus in quo* will not surface passages where the reporter used the English phrase instead, and vice versa. In older nominative reporters, usage was inconsistent even within the same volume. A thorough search of pre-1800 trespass and ejectment materials requires both search strings. Second, the phrase appears with some frequency in abridgments and digests as a cross-reference pointer rather than a headnote, meaning a result may send the researcher to *locus in quo* entries without itself providing substantive analysis. By the nineteenth century, code pleading reforms in the United States and the Judicature Acts in England substantially reduced the prominence of formal locative pleading requirements. "Place where" effectively disappeared from American legal writing as a technical phrase at roughly the same time. Its appearance in any post-1850 source should be read as either historical quotation or stylistic archaism rather than live doctrine.
Historical Dictionary Support
Black's and Burrill's are in complete agreement: both define "place where" as nothing more than a literal English rendering of *locus in quo* and direct the reader there for substantive treatment. Neither source provides independent doctrine for the English phrase itself. Burrill adds two illustrative quotations from 6 Modern Reports — one involving seizin of the place where in fee, the other involving cattle escaping into the place where — and a further citation to 1 Leonard. These examples confirm the phrase's primary home in trespass and real property actions and demonstrate that it could serve either as a description of the defendant's tenure or as a locative element in the plaintiff's pleading. The *et passim* notation in Burrill's citation to Leonard signals that the phrase recurs throughout that reporter, reinforcing the point that it was idiomatic to early common law reporting rather than confined to specific procedural contexts. Neither dictionary treats "place where" as a term with independent legal content. Both treat it as a translation artifact. Researchers should follow the same approach: use the entry as a pointer to *locus in quo* for substantive analysis.
Related Terms
Locus in quo — the Latin equivalent; primary term for substantive doctrine Locus — the broader Latin term for place or site in legal contexts Trespass quare clausum fregit — the action in which locus in quo / place where most frequently appeared Ejectment — another action requiring specific pleading of the relevant location Situs — related concept for the legal location of property in conflict-of-laws contexts
PLACE WHEREmain
Black's Law Dictionary • 1891
A phrase used in the older reports, being a literal translation of locus in quo, (q. v.)
PLACE WHEREmain
Burrill's Law Dictionary • 1870
A phrase used in the older reports, being a literal translation of locus in quo, (q. v.) "Who was seized of the place where in fee." 6 Mod. 158. "The plaintiff's cattle escaped into the place where." Id. 198. See 1 Leon. 60, et passim.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In