Legal Opinion

Peterson v. Carlson

Supreme Court of Minnesota

Decided November 20, 1914No. Nos. 18,627-(32)PublishedCited by 6 opinions

' Action in the district court for Waseca county by the executor of the last will and testament of Swan P. Peterson, deceased, to recover $2,100 upon two promissory notes. Erom an order, Childress, J., granting defendant’s motion to strike the case from the calendar and directing the clerk of court to transmit the files to the district court for Hennepin county, plaintiff appealed.

1Opinion of the CourtHallam, J.

This action was commenced in Waseca county. The summons, with the sheriffs return of service was duly filed- with the clerk of the district court of Waseca county. Thirty-seven days after such service, defendant served a written demand for a change of venue to Hennepin county, with an affidavit in proper form alleging that defendant resided in Hennepin county at the time of the commencement of the action. In the meantime the time for answering had been extended by stipulation, and the extended time had not'yet expired. Issue was later joined, defendant entitling his answer “Hennepin County”…

2Cases cited8 opinions

  1. Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
  2. Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
  3. Stone v. South CarolinaSupreme Court of the United States · 1886
  4. Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
  5. State ex rel. Minneapolis Threshing-Machine Co. v. District CourtSupreme Court of Minnesota · 1899

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3Cited by6 opinions

  1. Connolly v. SalsberryNevada Supreme Court · 1919
  2. Winegar v. MartinSupreme Court of Minnesota · 1921
  3. State Ex Rel. McClellan Paper Co. v. District CourtSupreme Court of Minnesota · 1937
  4. Misgen v. HerdaSupreme Court of Minnesota · 1961
  5. Jumer v. TruesdaleSupreme Court of Minnesota · 1962

1 more not listed; retrieve them via the Exa API.

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