Ven´ue Pronunciation: vĕn´ũ
VENUE, pleading. The venue is the county from which the jury are to come,
who are to try the issue. Gould, Pl. c. 3, Sec. 102; Archb. Civ. Pl. 86.
2. As it is a general rule, that the place of every traversable fact
stated in the pleadings must be distinctly alleged, or at least that some
certain place must be alleged for every such fact, it follows that a venue
must be stated in every declaration.
3. In local actions, in which the subject or thing to be recovered is
local, the true venue must be laid; that is, the action must be brought in
that county where the cause of action arose: among these are all real
actions, and actions which arise out of some local subject, or the violation
of some local rights or interest; as the common law action of waste,
trespass quare clausum fregit, trespass for nuisances to houses or lands
disturbance of right of way, obstruction or diversion of ancient water
courses, &c. Com. Dig. Action, N 4; Bac. Abr. Actions Local, A a.
4. In a transitory action, the plaintiff may lay the venue in any
county he pleases; that is, he may bring suit wherever he may find the
defendant and lay his cause of action to have arisen there even though the
cause of action arose in a foreign jurisdiction. Cowp. 161; Cro. Car. 444; 9
Johns. R. 67; Steph. Pl. 306; 1 Chitty, Pl. 273; Archb. Civ. Pl. 86. Vide,
generally, Chit. Pl. Index, h.t.; Steph. Pl. Index, h.t.; Tidd's Pr. Index,
h.t.; Graham's Practice, Index, h.t.; Com. Dig. Abatement, H 13; Id. Action,
N 13; Id. Amendment, H 1 Id. Pleader, S 9; 21 Vin. Ab. 85 to 169 1 Vern.
178; Yelv. 12 a; Bac. Ab. Actions, Local and Transitory, B; Local Actions;