Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 1 (2026)

Transitory actions; general provisions

✓ current as of July 2026

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Section 1. A transitory action shall, except as otherwise provided, if any one of the parties thereto lives in the commonwealth, be brought in the county where one of them lives or has his usual place of business; provided, however, that if the instrument of the crime is a forged check, credit card, or other negotiable instrument, intending on its face to be presented for payment at another place in another county and the value of the money, goods or services involved is in excess of one hundred dollars, the action may be brought in the county where the instrument was presented or at the place where the instrument was presented for payment, if such place of payment is located in the commonwealth; and provided, further, that except in actions upon negotiable instruments if the plaintiff is an assignee of the cause of action, it shall be brought only in a county where it might have been brought by the assignor thereof. If neither party lives in the commonwealth, the action may be brought in any county. If an action is dismissed because the defendant has raised timely objection to venue, the defendant shall be allowed double costs.

Notes of Decisions

Cited in 12 cases, 1929–2019 · leading case: Bolton v. Krantz, 764 N.E.2d 878 (Mass. App. Ct. 2002).

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Bolton v. Krantz, 764 N.E.2d 878 (Mass. App. Ct. 2002). · cites it 9× “We must determine here where a prison inmate “lives” within the meaning of G. L. c. 223, § 1, the venue statute for transitory actions.”

Roch v. Mollica, 113 N.E.3d 820 (Mass. 2019). “See G. L. c. 223, § 1 ("If neither party lives in the commonwealth, the action may be brought in any county"); G.”

Oscomp Sys., Inc. v. Bakken Express, LLC, 930 F. Supp. 2d 261 (D. Mass. 2013). · cites it 2× “See Mass. Gen. Laws ch. 223, § 1 ("A transitory action shall, except as otherwise provided, if any one of the parties thereto lives in the commonwealth, be brought in the county where one of them lives or has his usual place of business.”

Branyan v. Sw. Airlines Co., 105 F. Supp. 3d 120 (D. Mass. 2015). “In December, 2014, plaintiff filed a four-count complaint in the Massachusetts Superior Court for Plymouth County, asserting claims against Southwest for: 1) intentional infliction of emotional distress, 2) negligent infliction of emotional distress, 3) invasion of the right of…”

Butler v. Anderson (In Re C.R. Stone Concrete Contractors, Inc.), 462 B.R. 6 (Bankr. D. Mass. 2011). “On April 29, 2011, however, Plumb House and Dalton Builders, with the assent of Welby and the Marini Defendants, filed an opposition, asserting that the Motion to Substitute was untimely or that the claims against Anderson did not survive his death pursuant to Mass. Gen. Laws…”

Anderson v. Anderson, 238 N.E.2d 868 (Mass. 1968). “Section 5 of that chapter provides that the venue of suits in equity shall be the same as that of transitory actions.”

Williams Coll. v. Attorney Gen., 375 N.E.2d 1225 (Mass. 1978). “214, § 5), are subject to the venue rules of transitory actions set forth in *224 G. L. c. 223, § 1. The venue of such actions is in the county where a party to the suit lives or has its usual place of business.”

Stoneman v. Coakley, 266 Mass. 64 (Mass. 1929). “The plaintiff had the right under G. L. c. 223, § 1, as amended by St. 1921, c.”

Riemer & Braunstein LLP v. Monroe Capital Mgmt. Advisors LLC (D. Mass. 2019). “See Mass. Gen. Laws ch. 223, § 1 (providing that “if any one of the parties [to an action] lives in the commonwealth, [the action may] be brought in the county where one of them lives or has his usual place of business”).”

Ziplink, Inc. v. Global NAP, Inc., 13 Mass. L. Rptr. 510 (Mass. Super. Ct. 2001). “In support of their motion, the defendants argue that the general rule regarding venue in the Commonwealth requires that a claim be brought in a county where either the plaintiff or the defendant resides or has a usual place of business, citing G.L.c. 223, §1 (“A transitory…”

FRE Bldg. Co. v. JB&D Constr. of NJ, Inc., 19 Mass. L. Rptr. 300 (Mass. Super. Ct. 2005). “G.L.c. 223, §1. Both parties must waive the statutory venue to be effective.”

Zampier v. Hubbard, 19 Mass. L. Rptr. 693 (Mass. Super. Ct. 2005). “Pursuant to G.L.c. 223, § 1, however, if neither party to a transitory action lives in the Common *695 wealth, the action may be brought in any county.”

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