Legal Opinion

State ex rel. Child v. District Court of Chippewa County

Supreme Court of Minnesota

Decided January 17, 1902No. Nos. 12,901-(216)PublishedCited by 15 opinions

Alternative writ of mandamus issued from the supreme court on relation of S. B. Child, directed to the district court for Chippewa county, the Honorable Gorham Powers and the Honorable G. E. Qvale, judges thereof, and others, to review an order of said court denying relator’s motion to strike a certain cause from the calendar of said court, and to compel respondents to transmit the files of said action to the district court for Hennepin county.

1Opinion of the CourtCollins, J.

The question here presented is perplexing, and grows out of the rather indefinite wording of G. S. 1894, §§ 5182, 5183, relating to the place of trial of civil actions. Section 5182 is as follows:

“Actions for the following causes shall be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to-change the place of trial'as hereinafter provided. First. For the recovery of real property, or of an estate or interest therein, or for the determination, in hereinafter provided. First. For the recovery of real property, Second.…

2Cases cited5 opinions

Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
Kommer v. HarringtonSupreme Court of Minnesota · 1901
Smith v. BarrSupreme Court of Minnesota · 1899
Turrell v. WarrenSupreme Court of Minnesota · 1878
Moore v. City of MinneapolisSupreme Court of Minnesota · 1872

3Cited by15 opinions

State Ex Rel. Nyquist v. District Court of Swift CountySupreme Court of Minnesota · 1925
State ex rel. Barrett v. District CourtSupreme Court of Minnesota · 1905
Wagner v. Farmers Co-operative Exchange Co. of Good ThunderSupreme Court of Minnesota · 1920
State ex rel. Ballord-Trimble Lumber Co. v. District CourtSupreme Court of Minnesota · 1912
Keys v. SchultzSupreme Court of Minnesota · 1942

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