Legal Opinion

Rumely Products Co. v. Stakke

South Dakota Supreme Court

Decided November 17, 1915No. File No. 3784PublishedCited by 5 opinions

Appeal from Municipal Court of 'Sio-ux Falls. Hon. Alpha F. Orr, Judge. Action -by -the Rumely Products Company, against Andrew O. ' Stakke and another. From an order overruling defendant’s motion for change of venu-e, he appeals.

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Appeal from Municipal Court of 'Sio-ux Falls. Hon. Alpha F. Orr, Judge. Action -by -the Rumely Products Company, against Andrew O. ' Stakke and another. From an order overruling defendant’s motion for change of venu-e, he appeals. (1) T-o po-in-t one of the opinion, Appellant cited: State v. Superior Court, 40 Wiash. 443, 82 Pac. 875; Grimes v. Friccson, (Minn.) 99 N. W. 621. ■ (3) Under point three of the opinion, Respondent submitted that: Sec. 34, Ch. 191, Raws 1907, as well as the act approved March 5, 1915, is in conflict with Sec. 23, Article 5, Constitution. (2) T-o point two of -the…

1Opinion of the CourtWhiting, J.

Suing upon a cause of action of which both municipal and circuit courts have original jurisdiction, plaintiff brought this action in the municipal court of the city of -Sioux Falls, Minnehaha -county, the defendant being a resident of Union county, S.- D. Defendant, in strict conformity with the procedure prescribed by statute for -change of venue in an action brought in circuit court, moved that the venue be changed to- the county of bis residence. From the -order overruling' his motion this appeal was taken.

[1] Respondent contends -that there are three reasons why the action of the trial…

2Cases cited1 opinion

  1. Clark v. BaxterSupreme Court of Minnesota · 1906

3Cited by5 opinions

  1. American Advertising Co. v. State Ex Rel. Department of TransportationSouth Dakota Supreme Court · 1979
  2. Fargo v. MorganSouth Dakota Supreme Court · 1926
  3. Ruchverg v. RussellNorth Dakota Supreme Court · 1942
  4. American Advertising Co. v. State Ex Rel. Department of TransportationSouth Dakota Supreme Court · 1979
  5. K. & S. Sales Co. v. SorensonSouth Dakota Supreme Court · 1931

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