Allis v. White
Supreme Court of Minnesota
Appeal by the defendant, William G-. White, from an order of the District Court of Fillmore County, John Whytock, J., made September 19, 1893, denying his motion to change the place of trial of the action from Fillmore County to Ramsey County. The plaintiff, Jere Allis, brought this action June 29, 1893, in Fillmore County where he resides to recover of defendant who resides in Ramsey County, $800 the purchase price of two Holstein cows sold by plaintiff to defendant.
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Appeal by the defendant, William G-. White, from an order of the District Court of Fillmore County, John Whytock, J., made September 19, 1893, denying his motion to change the place of trial of the action from Fillmore County to Ramsey County. The plaintiff, Jere Allis, brought this action June 29, 1893, in Fillmore County where he resides to recover of defendant who resides in Ramsey County, $800 the purchase price of two Holstein cows sold by plaintiff to defendant. On July 5, 1893, defendant made affidavit that he resided in St. Paul and served on plaintiff’s attorneys a copy thereof with…
1Per curiam
This is an appeal from an order denying defendant’s motion to change the place of trial, on the ground that defendant, at the time of the commencement of the action, resided, and still resides, in the county to which he asks to have the case removed, and not in the county in which the action is brought. Held, *99following Carpenter v. Comfort, 22 Minn. 539, that this order is not appealable, and this appeal should be dismissed. So ordered.
Gilfillan, C. J., took no part.
(Opinion published 60 N. W. 809.)
2Cases cited2 opinions
- Carpenter v. ComfortSupreme Court of Minnesota · 1876
- Kern v. ClarkeSupreme Court of Minnesota · 1894
3Cited by5 opinions
- Kern v. ClarkeSupreme Court of Minnesota · 1894
- Winegar v. MartinSupreme Court of Minnesota · 1921
- Kay v. ElsholtzSupreme Court of Minnesota · 1917
- Taylor v. Grand Lodge A. O. U. W.Supreme Court of Minnesota · 1906
- Antonsky v. City Dye HouseSupreme Court of Minnesota · 1909