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."

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.

An action is 50 termed when all the principal facts on which it is founded are of a local nature; us where possession of land is to be recovered, or damages for an actual trespass, or for waste affecting Jand, because in such case the cause of action relates to some particular locality, which usually also constitutes the venue of the action.

v. Action. '