Local Action

In Practice. An action the cause of which could have arisen in some particular county or district only. All local actions must be brought in the county where the cause of action arose.

— In general, all actions are local which seek the recovery of real property; 2 W. Bla. 1.070; 4 Term 504; Missouri Pac. R. Co. V. Cullers, 81 Tex. 382, 17 S. W. 19, 13 L. R. A. 542; whether founded upon contract or not;

— or damages for injury to such property, as waste, under the statute of Gloucester, trespass quare clausum fregit, trespass or case for injuries affecting things real, as for nuisances to houses or lands, disturbance of rights of way or of common, obstruction or diversion of ancient watercourses; 1 Chitty, PI.

271; Gouid, IT. §165; Du Brcuii V. Pennsylvania Co., 130 Ind. 137, 29 N. E. 909; but not if there was a contract between the parties on which to ground an action; Sumner v. Finegan, 15 Mass. 284; Lewis V. Martin, 1 Day (Conn.) 263. Many actions arising out of injuries to local rights are local: as, quare impedit; 1 Chitty, PI.

241.

The action of replevin is also local; 1 Wins. Sauud. 247, n.

1; Gould, PI. § 111.

See Com. Dig. Action; Tbansitoby Action.