McCarty v. Thornton
North Dakota Supreme Court
Action on the contract for the recovery of a commission. Appeal from the District Court of Stark County, Honorable W. C. Crawford, Judge. Judgment for plaintiff. Defendant appeals. Where the county designated in the complaint is not the county of the defendant’s residence, and he desires a change of the place of trial to his own county, he must demand same before the time for answering expires. Comp.
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Action on the contract for the recovery of a commission. Appeal from the District Court of Stark County, Honorable W. C. Crawford, Judge. Judgment for plaintiff. Defendant appeals. Where the county designated in the complaint is not the county of the defendant’s residence, and he desires a change of the place of trial to his own county, he must demand same before the time for answering expires. Comp. Laws 1918, § 7418. Such demand may be made even after answer is served, if it is made within the statutory time allowed in which to answer. Penniman v. Puller & W. Co. 133 N. Y. 443, 31 N. E.…
1Opinion of the Court
Bruce, Oh. J.
In this case we are called upon to review the action of the district court in denying a change of venue. The statute involved provides that:
*553Sec. 7418. “If the county designated for. that purpose in the complaint is not the proper county, the action may, notwithstanding, be tried therein, unless the defendant before the time for answering expires demands in writing that the trial be had in the proper county, etc.”
Two questions are presented for determination:(1) Whether under the provisions of § 7418 of the Compiled Laws of 1913, a demand for a change of venue can be made after…
2Cases cited3 opinions
- Irwin v. TaubmanSouth Dakota Supreme Court · 1910
- Town of New Haven v. Town of MiddleburySupreme Court of Vermont · 1891
- Frank v. BernardCourt of Appeals for the Second Circuit · 1911
3Cited by6 opinions
- Kiley v. MecklerNorth Dakota Supreme Court · 1928
- Ott v. KelleyNorth Dakota Supreme Court · 1934
- Gegelman Ex Rel. Gegelman v. ReiersgaardNorth Dakota Supreme Court · 1979
- Price v. WillsonNorth Dakota Supreme Court · 1918
- Thorson v. WeimerNorth Dakota Supreme Court · 1930
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