§ 6-3-2 — Venue of Actions - Against Individuals

(a) In proceedings of a legal nature against individuals:
(1) All actions for the recovery of land, of the possession thereof, or for a trespass thereto must be commenced in the county where the land or a material part thereof lies.
(2) All actions on contracts, except as may be otherwise provided, must be commenced in the county in which the defendant or one of the defendants resides if such defendant has within the state a permanent residence.
(3) All other personal actions, if the defendant or one of the defendants has within the state a permanent residence, may be commenced in the county of such residence or in the county in which the act or omission complained of may have been done or may have occurred.
(b) In proceedings of an equitable nature against individuals:
(1) All actions where real estate is the subject matter of the action, whether it is the exclusive subject matter of the action or not, must be commenced in the county where the same or a material portion thereof is situated.
(2) If the action is to enjoin proceedings on judgments in other courts, it may be commenced in the county in which such proceedings are pending or judgment entered.
(3) Except as may be otherwise provided, actions must be commenced in the county in which the defendant or a material defendant resides.
(4) In the case of nonresidents, actions must be commenced in the county where the subject of the action or any portion of the same was when the claim arose or the act on which the action is founded was to be performed.

Legislative History

(Code 1852, §§2164, 2875; Code 1867, §§2562, 3760; Code 1876, §§2928, 3760; Code 1886, §§2640, 3421; Code 1896, §§676, 4205; Code 1907, §§3093, 6110; Acts 1923, No. 74, p. 53; Code 1923, §§6524, 10467; Code 1940, T. 7, §§54, 294.)