Transitory Action - Law Dictionary Search Results
Home Dictionary Name: transitory actiontransitory action
transitory action : an action that may be brought in any venue where there is personal jurisdiction over the defendant compare local action ...
Transitory actions
Transitory actions were those in which the venue might be laid in any county. See VENU...
Local actions
Local actions, those referring to some particular locality, as actions for trespasses to land, in which the venue must have been laid in the county where the cause of action arose.Real actions and the mixed action of ejectment were local: but personal actions were for the most part transitory, i.e., their cause of action might be supposed to take place anywhere, but when they were brought for anything in relation to realty, they were then local, see Mostyn v. Fabrigas, (1775) 1 Smith, L.C., and 2 Chit. Arch. Prac.And see COUNTY COURT (JURISDICTION), and VENUE....
Venue
Venue [fr. visne, vicinetum, visnetum, Lat.], the place whence a jury are to come for trial of causes. See Co. Litt. 125 a, and Hargrave's note (2).Local actions must, before the Jud. Act, have been brought in the county in which the cause of action arose; but transitory actions in any county at the plaintiff's option; and no venue could be changed without a special order of the Court or a judge, unless by consent of the parties, R.H.T. 1853, r. 18.It is, however, provided by (English) R.S.C. 1883, Ord. XXXVI., r. 10, that there shall be no local venue for the trial of any action, except where otherwise provided by statute, but in every action in every Division the place of trial shall be fixed by the Court or a judge; and r. 1, the order made on the summons for directions, fixes the place of trial, but this can be subsequently altered for sufficient cause.Very numerous statutes have from time to time provided that any actions for anything done in pursuance of them should be brought in...
local action
local action : an action (as for trespassing) that must be brought in the venue that has jurisdiction over the situs or is otherwise designated by law compare transitory action ...
Chose
Chose [Fr., a thing]; it is used in divers senses, of which the four following are the most important:--(1) Chose local, a thing annexed to a place, as a mill, etc.(2) Chose transitory, that which is movable, and may be taken away, or carried from place to place.(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, etc. A well-known rule of the Common Law was that no possibility, right, title, or thing in action, could be assigned to a third party, for it was thought that a different rule would be the occasion of multiplying litigation: as it would in effect be transferring a lawsuit to a mere stranger, though the assignee might, at law, and was assisted in equity to sue the debtor in the name of the assignor. At law, therefore, with the exception of negotiable instruments, an interesse termini, and some few other securities, this until 1873 c...
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