Transitory Action


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Transitory Action

A lawsuit that can be commenced in any place where personal Service of Process can be made on the defendant.

Common examples of transitory actions are lawsuits brought to recover damages in breach of contract or tort actions. Transitory actions are distinguishable from local actions, which can be brought only where the subject matter of the controversy exists. For example, the classic type of local action is one in which title to real property will be directly affected by the judgment of the court. Such actions generally must be tried in the county where the particular property is located.

TRANSITORY ACTION, pract., plead. Actions are transitory when the venue may lawfully be laid in any county, though the cause of action arose out of the jurisdiction of the court. Vide Actions, and 1 Chit. Pl. 273; Com. Dig. Actions, N 12; Cowp. 161; 9 Johns. R. 67; 14 Johns. R. 134; 3 Bl. Com. 294; 3 Bouv. Inst. n. 2645. Vide Bac. Ab. Actions local and transitory.