Brady v. Brady
Supreme Court of North Carolina
Appeal from Webb, J., at Fall Term, 1912, of Hertford. This action is to recover $900 in the possession of the defendant Bridger.
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Appeal from Webb, J., at Fall Term, 1912, of Hertford. This action is to recover $900 in the possession of the defendant Bridger. The plaintiff alleges, in substance, that he is the owner of a tract of land in Virginia; that the defendant E. B. Brady has sold the timber on said land, and has caused the same to be cut and removed; that $900 of the money paid for the timber is now in the possession of the defendant Bridger, as attorney for the defendant Brady, and that he has made demand for said money, which has been refused. There is no allegation of an unlawful entry upon said land, nor that…
1Opinion of the CourtAlleN, J.
If the cause of action set out in the complaint is local, the courts of Virginia alone have jurisdiction of it, and if transitory, the action may be maintained in this State.
Actions are transitory when the transactions on which they are based might take place anywhere, and are local when they could not occur except in some particular place. The distinction exists in the nature of the subject of the injury, and not in the means used or the place at which the cause of action arises. Mason v. Warner, 31 Mo., 510; McLeod v. R. R., 58 Vt., 732; Perry v. R. R., 153 N. C., 118.
The subject of the…
2Cases cited14 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Halleck v. MixerCalifornia Supreme Court · 1860
- Mooers v. WaitNew York Supreme Court · 1829
- Wright v. GuierSupreme Court of Pennsylvania · 1840
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3Cited by6 opinions
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- Gibbs v. HeavlinCourt of Appeals of North Carolina · 1974
- Copper State Mining Co. v. Kelvin Lumber & Supply Co.Texas Commission of Appeals · 1921
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