Local Action

In practice

An action which must be brought in a particular county. 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. Bl. 1070; 4 Term R. 504; 7 Term R. 589), 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 Chit. Pl. 271; Gould, Pl. c. 3, §§ 105, 106, 107); but not if there were a contract between the parties on which to ground an action (15 Mass. 284; 1 Day [Conn.] 263).

Many actions arising out of injuries to local rights are local; as, quare impedit.

1 Chit. Pl. 241.

The action of replevin is also local.

1 Wm. Saund. 247, note 1; Gould, Pl. c. 3, § 111; Comyn, Dig. "Action."

See "Transitory Action."

See Transitory Action.