Stratton v. Beaver Farmers' Canal & Ditch Co.

Stratton brought suit against the Beaver Company, defendant in error; a demurrer to the complaint was sustained and the action dismissed, and he brings error.

The prayer was for a declaratory judgment under S. L. 1923, ch. 98 and for general relief. "We think the demurrer should have been overruled.

One ground of the demurrer was that the court had no jurisdiction. The action was brought in Weld while the subject of the action was in Morgan county. That the suit was brought in the wrong county is not ground of demurrer, but change of place of trial-, and is not a jurisdictional matter. If it is…