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I AM ALWAYS LIABLE

Senior Member
NancyLou9 said:
What is the name of your state? Ohio

Transitory Action?
=================================

My response:

It's an . . .

a. Action that travels from State to State;

b. Action that's in a constant state of flux;

c. Action that has no end in sight.

d. None of the above;

e. All of the above.


IAAL
 
N

NancyLou9

Guest
Oh my goodness, IAAL

You can always make me laugh!!!!!!!!

So often, it get caught up in what I'm doing and forget that the law is a living thing, subject to the way the wind blows...

In an transitory action, should the defendant raise the issue of improper venue (I am speaking hypothetically) could a defense to that be that it is a transitory action and as such, the venue is appropriate where it is filed or would it have to be filed in the venue of the defendant?
 

I AM ALWAYS LIABLE

Senior Member
My response:

"Transitory" is not a jurisdictional doctrine. Rather, it is "an equitable doctrine invoking the discretionary power of a court to decline the exercise of jurisdiction (to stay or dismiss) it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere."

For venue purposes, actions are classified as "local" or "transitory." To determine whether an action is local or transitory, the court looks to the "main relief" sought. Where the main relief sought is personal, the action is transitory. Where the main relief relates to rights in real property, the action is local.

"Transitory" actions are those in which the claim may have arisen anywhere. Such actions are subject to the "general rule" of venue that the action be tried in the county of defendant's residence.

IAAL
 
N

NancyLou9

Guest
Thanks for the clarification...

And I just noticed that your membership status is, at a glance, not what it seems...

So should I be saying Gracias, rather than Thank you?
 

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