Ex Parte Nottingham

1 Citing case

  1. Ex Parte Canady

    563 So. 2d 1024 (Ala. 1990)   Cited 20 times
    Upholding trial court's refusal to transfer action based on plaintiff's addition of a new defendant

    We disagree. In Ex parte Nottingham, 522 So.2d 777 (Ala. 1988), this Court held that for venue purposes an action on a lease is one in personam, not in rem, and is transitory and therefore may be brought in any county where other transitory actions could be brought. 522 So.2d at 779. In Nottingham this Court issued a writ of mandamus ordering the trial court to vacate its order of transfer because that court, apparently holding that an action on a lease was an action in rem, had transferred the action to the county where the leasehold property was located.