Wakpala State Bank v. Tackett

MCIRIARTY, C.

This action grows our of the same transactions as were involved in the case of Tackett v. Skunk et al, 50 S. D. 378, 210 N. W. 198, in which the opinion of this court is handed down simultaneously herewith.

From an order denying an application for change of place of trial defendant E. W. Rugg appeals. The application was made ’by appellant Rugg on the ground of the convenience of witnesses. The affidavits of appellant and one of his attorneys set forth a list of ten witnesses, in addition to the defendants Rugg and Skunk, allege that said witnesses are necessary witnesses to prove…