VENUE (L. Lat. visnetum, neighbor hood. 'r The word was formerly spelled visne. Coke, Litt. 125 a).
In Practice. The county in which the fadts are alleged to have occurred, and from which the jury are to come to try the issue. Gould, Plead. c. 3, 102 ; Archbold, Civ. Plead. 86; Cowp. 176; 1 How. 241. Some certain place must be alleged as the place of occur rence for each traverseable Comyns; Dig. Pleader (C 20). Generally, in modern Pleading, in civil practice, no special allege, tion is needed in the body of,tbe declaration, the venue in the margin being understood to be the place of occurrence till the contrary is shown. 1 Hempst. 236. , See statutes and rules of court of the various states, and Reg. Gen. Hil. T. 4 Hen. IV.
2. In local actions the true venue must be laid ; that is, the action must be brought in the county where the cause of action arose, being that where the property is situated, in actions affecting real property, 2 Zabr. N. J. 204; and, see 18 Ga. 719; and there can he no change of venue in such cases. 3 N. Y. 204. , Thus, in actions en,a lease at common law, founded on priority of contract, 'as debt or covenant 'by lessor or lessee, 1 Saund. 241 b ; 3 'Serg.4 R. Penn. 500, venue is tran sitory, but when founded in privity of estate,' as in case of assiginnent, the venue is local. 1 Saund. 257. By -various early statutes', however, actions on leases have'become gene rally transitory. In such' action, some par ticular place, as, a town, village, or pansh, must formerly have been designated. Coke, Litt. 125. But it is said to be no longer ne cessary except in. replevin. 2 East, 503 ; 1 Chitty, Plead. 251: As to where the venue is ti) be laid in case of a change of county lines, see 18' Ga. 690 ; 16 Penn. St. 3.
In transitory actions the venue may be laid in any county the plaintiff chooses; that is, he may bring s'uit wherever he may find the de fendant, and lay his cause of action to have arisen there; even though the cause of action arose in a foreign jurisdiction, 1 Chitty, Plead. 244 ; Stephen, Plead. 306 ; Archbold, Civ. Plead. 86 ; 18 Ga. 690 ; 1 How. 241 ; 17 Pet. 245. In case the cause was to he tried in a different county from that in "which the matter actually arose the venue was anciently laid by giving the place of occurrence, with a scilicet giving the place of trial. 1 Chitty,
Plead. 250 ; 1 How. 241; 3 Zahn N. J. 279. See 1, Taunt. 380. In some cases, however, oy statutes, the venue in transitory actions must be laid in the county where the matter occurred or where certain parties reside, Sharswood, 131ackst. Comm. 294. And gene. rally, by statute, it must be in the county where one of the parties resides, when be tween citizens of the same state. „ 3. In criminal proceedings the Venue must be laid in the county where the occurrence actually took place, 2 Russell, Crimes, 800; 4 Carr. & P. 363, and the act must be proved. to have occurred in that jurisdiction. 2 Hawkins, Pl. Cr. c. 25, 84 ; Archbold, Crim. Plead. 40, 95 ; 1 Starkie, Ev. 466; 26 Penn St. 513 ; 4 Tex. 450; 6 Cal. 202 ; 6 Yerg. Tenn., 364. Statement of venue in the margin and reference tlierete in the body of an indictment is a sufficient katement of venue, 39 Me. 78; 4 Ind. 14,1 -;‘ 8' Mo-. 283 ;' and see 20 Mo. 411 ; 39 Me. 291 ; and the venue need not be stated' in the margin if it appears from the indict ment. 5 Gray, Mass. 478 ; 25 Conn. 48; 2 McLean, C. C. 580.
• Want of any venue. is cause for demurrer, 1 Lutw. 235; 5 - Mass. 94; or abatemenk Comyns, Dig. Abatement (H 13) ; Archbold,' Civ.Plead.78 ; or arrest of judgment. 4 Tex. 450. So defendant may plead or demur to a" wrong venue. 13 Me. 130. Change of venue" may be made .by the court to prevent, and not to cause, a defeat of justice, 8 Siiitrswood, Blackst. COMM. 294 ; 32 Eng. L. & Eq. 358; 20 Mo. 400; 2 Wisc. 397 ;- 20 Ill. 259; 3 Zabr. N. J. 63; 3..Green, N. J. 63 ; both in civil, 7 Ind. 110; 31 Miss. 490 ; 27 N. H. 428, and criminal cases, 7 Ind. 160; 28 Ala. N. s. 28 ; 4 Iowa, 505 ; 5 Harr. Del..512; and such change is a matter of right on compliance with the requirements of the law. 9 Tex. 358; 7Ind. 110 ; 2 Wisc. 419 ; 15 111.511 ; 8 Mo. 606. That such change is a matter of discretion with th, cotirt below, see 28 Ala. N. s. 28; 31 Miss. 490; 3 Cal. 410; .8 Ind. 439; 11 id. 481; 5 Harr, Del. 512 ; 13 La. Ann. 191.