Legal Definition and Related Resources of Transitory Action
Meaning of Transitory Action
An action founded on a transaction that took place not necessarily within the jurisdiction of the court or where it has no locality in the contemplation of law. See Masci v Young, 109 N.J.L. 453, 162 A. 623. The term is used in the context of jurisdiction of courts, to distinguish between local actions and transitory actions, a distinction that grew out of common law and was embodied in English Statutes. A local action is one where the cause of action occurred locally within the jurisdiction of the court or where it could not have occurred except in a particular place, such as an action concerning realty . See Western union Tel. Co. v Bush, 191 Ark. 1085, 89 S. W.2d 723.
Transitory Action Alternative Definition
In practice. An action the cause of which might have arisen in one place or county as well as another. In general, all personal actions, whether ex contractu (5 Taunt. 25; 6 East, 352; 2 Johns. Cas. [N. Y.] 335; 3 Caines [N. Y.] 374; 3 Serg. & R. [Pa.] 500; 1 Chit. PI. 243), or ex delicto (1 Chit. PI. 243), are transitory. Such action might, at common law, be brought in any county, but in the United States statutes have been passed prescribing in what counties the suit may be brought. TRANSiTUS (Lat.) A transit. See “Stoppage in Transitu.”
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Transitory Action in Historical Law
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