Legal Opinion
Duval v. Bathrick
District Court, D. Minnesota
Decided February 26, 1940No. 216PublishedCited by 13 opinions
1Opinion of the Court
SULLIVAN, District Judge.
The motion of the defendant is based upon the improper venue of this action. Section 53 of the Judicial Code, 28 U.S.C. A. § 114, provides: “When a district contains more than one division, every suit not of a local nature against a single defendant must be brought in the division where he resides * * *.”
In the construction of this and similar provisions relating to venue, the rule is well settled that such provisions governing the venue of actions confer a plersonal privilege upon the defendant which may be waived. Before the adoption of the Federal Rules of Civil…
2Cases cited2 opinions
- Commercial Casualty Insurance v. Consolidated Stone Co.Supreme Court of the United States · 1929
- Lavietes v. Ferro Stamping & Mfg. Co.District Court, E.D. Michigan · 1937
3Cited by13 opinions
- Pan American World Airways, Inc. v. United States District Court for the Central District of California, Cathy Ann Giles, Real Parties in Interest. McDonnell Douglas Corporation v. United States District Court for the Central District of California, Geraldine L. Flanagan, Real Parties in Interest. United States of America v. United States District Court for the Central District of California, Geraldine L. Flanagan, Real Parties in InterestCourt of Appeals for the Ninth Circuit · 1975
- Fairhope Fabrics, Inc. v. Mohawk Carpet Mills, Inc.District Court, D. Massachusetts · 1956
- Pan American World Airways, Inc. v. United States District CourtCourt of Appeals for the Ninth Circuit · 1975
- Kuhlmeier v. Hazelwood School Dist.District Court, E.D. Missouri · 1984
- González v. American Surety Co. of New YorkSupreme Court of Puerto Rico · 1950
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