Easley v. New Zealand Insurance
Idaho Supreme Court
APPEAL from District Court, Alturas County. The sole question presented on this appeal is whether a foreign corporation has the right under our laws to a trial in the county in which the principal place of business of such corporation is conducted. “An appeal may be taken to the supreme court .... from an order refusing to grant a change of the place of trial.” (Idaho Rev. Stats., sec. 4807, subd. 3.) The proper remedy is an appeal from the order, and the remedy is complete.
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APPEAL from District Court, Alturas County. The sole question presented on this appeal is whether a foreign corporation has the right under our laws to a trial in the county in which the principal place of business of such corporation is conducted. “An appeal may be taken to the supreme court .... from an order refusing to grant a change of the place of trial.” (Idaho Rev. Stats., sec. 4807, subd. 3.) The proper remedy is an appeal from the order, and the remedy is complete. (San Joaquin County v. Superior Court, 98 Cal. 602, 33 Pac. -182; Howell v. Thompson, 70 Cal. 635, 638, 11 Pac. 789;…
1Opinion of the CourtHuston, C. J.
This is an appeal from an order of the-district court of Alturas county overruling a motion for change-of place of trial. Plaintiff brought action on a policy of insurance issued by defendant, a foreign corporation. Defendant applied for a change of place of trial, claiming that under the statutes of Idaho, it having complied with all the requirements-of the statutes, it was entitled to a trial within the county where its principal place of business was located. It is provided by the statutes of Idaho (Eev. Stats., sec. 2653) “that such foreign corporations complying 'with the provisions of…
2Cited by4 opinions
- Boyer v. Northern Pacific Railway Co.Idaho Supreme Court · 1901
- Mullen v. Northern Accident Ins.South Dakota Supreme Court · 1910
- Smith v. Inter-Mountain Auto Co.Idaho Supreme Court · 1913
- Webster v. Oregon Short Line RailwayIdaho Supreme Court · 1898