Legal Opinion

Curren v. Story

North Dakota Supreme Court

Decided December 21, 1918PublishedCited by 17 opinions

Appeal from tbe District Court of Barnes County, Coffey, J. Defendant appeals from, an order denying bis motion for a change of place of trial. It is tbe duty of tbe court to look to the affidavits as well as to tbe issues to be tried and determine from the entire showing made in which of tbe two courts a trial will be most accessible to tbe greatest number of witnesses required.

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Appeal from tbe District Court of Barnes County, Coffey, J. Defendant appeals from, an order denying bis motion for a change of place of trial. It is tbe duty of tbe court to look to the affidavits as well as to tbe issues to be tried and determine from the entire showing made in which of tbe two courts a trial will be most accessible to tbe greatest number of witnesses required. Clanton v. Ruffner (Cal.) 20 Pac. 676; Woolworth v. Block, 86 N. Y. Supp. 1111; Church v. Swigert, 90 N. Y. Supp. 939. The place of trial in such cases is primarily for the trial court to determine, and its…

1Opinion of the Court

Christianson, Ch. J.

The defendant appeals from an order denying his motion for a change of venue from Barnes county to Morton county. The motion for a change of venue was made solely upon the ground of convenience of witnesses, and under authority of § 7418, Compiled Laws 1913, which provides that “the court may change the place of trial in the following cases: . . . (3) When the convenience of witnesses and the ends of justice would be promoted by the change.”

Of course, the party who applies for a change of venue on this ground has the burden of proof, and must establish affirmatively the…

2Cases cited2 opinions

  1. Robertson Lumber Co. v. JonesNorth Dakota Supreme Court · 1904
  2. Kramer v. HeinsNorth Dakota Supreme Court · 1916

3Cited by17 opinions

  1. Kiley v. MecklerNorth Dakota Supreme Court · 1928
  2. McConnon & Co. v. SlettenNorth Dakota Supreme Court · 1927
  3. Ott v. KelleyNorth Dakota Supreme Court · 1934
  4. American State Bank of Dickinson v. HoffeltNorth Dakota Supreme Court · 1976
  5. Porth v. GlasoeNorth Dakota Supreme Court · 1994

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