Even so, pleading rules changed slowly, and the practice developed of alleging fictitiously that the events had occurred within the court's jurisdiction even though they had not. And, if the location of the occurrence were important, the pleader would allege both the actual location and a fictitious location. See, e.g., Duyckinck v. Clinton Mutual Ins. Co., 23 N.J.L. 279 (Sup.1852); Reed v. Wilson, 41 N.J.L. 29 (S. Ct.1879); Hill v. Nelson, supra ; and also the declaration (complaint) in Hart v. Board, etc., 57 N.J.L. 90, 29 A. 490 (Sup.1894).
However, in what have to this day remained "local" actions, fictitious pleading was not permitted, and the action could only be brought within the territorial jurisdiction of a court which embraced the location involved. See, Ackerson v. Erie RR Co., 31 N.J.L. 309 (Sup.1894).
The major category of "local" actions embraces those involving real estate, Davis v. Headley, 22 N.J.Eq. 115 (Ch.1871); Lindley v. O'Reilly, 50 N.J.L. 636, 15 A. 379 (E. & A. 1888).
This class includes not only actions involving title to real estate, such as trespass on a feigned issue to try title, or ejectment, or trespass Quare clausum fregit, but all actions arising out of a local subject, or a local right or interest, even though the remedy sought is merely money damages. Ackerson, supra, at p. 312.
The traditional test, even though not entirely perfect, is whether the specific cause of action could have arisen elsewhere than where it did. If it could not, the action is local; if it could, it is transitory. Champion v. Doughty, 18 N.J.L. 3 (Sup.1840); Deacon v. Shreve, 23 N.J.L. 204 (Sup.1851); Ackerson, supra, Defiance Fruit, supra, and Mehrhof, supra.
Examples of local actions are found in Doherty v. Catskill Cement Co., 72 N.J.L. 315, 65 A. 508 (E. & A. 1905) (negligent damage to ice pond by negligent escape of cement dust); Mehrhof, supra (obstruction of a navigable stream shutting off access to markets); Karr v. N.Y. Jewell, etc., 78 N.J.L. 198, 73 A. 132 (Sup.1909) (damage to realty from adjacent excavations); Dougherty v. Stepp, 18 N.C. 371 (Sup.1835) (unlawfully entering unenclosed land to make a survey); Dolph v. Ferris, 7 Watts & Sergeant, (Pa.) 367 (Sup.1844) (damages for loss of plaintiff's horse, gored by defendant's bull); Hannabalson v. Sessions, 116 Iowa 457, 90 N.W. 93 (Sup.1902) (reaching an arm across a boundary fence); Guille v. Swan, 19 Johnson (N.Y.) 381 (Sup.1822) (balloonist who landed in plaintiff's vegetable garden held liable in trespass for damage to vegetables by a crowd pursuing the balloon).
The concept that "local actions" must be brought within the territorial boundaries of a court which includes the subject is well recognized in federal, as well as State courts. See 15 Wright, Miller & Cooper, "Federal Practice and Procedure", § 3382. The rule is very old and well settled. As was said in Casey v. Adams, 102 U.S. 66, 26 L. Ed. 52 (1880):
"The distinction between local and transitory actions is as old as actions themselves, and no one has ever supposed that laws which prescribed generally where one should be sued, included such suits as were local in their character, either by statute or the common law, unless it was expressly so decided."