O'Hanion v. Great Northern Railway Co.

The plaintiff, within the limitations of the statutes, may select any county he chooses for the trial of his action and to this choice the defendant must conform unless he seasonably moves for a change of place of trial. The word “moves” as here employed comprehends the things necessary to be done by the litigant to obtain an order of court directing the change.

A defendant may waive his right to the privilege of the change by omitting to demand the right or by failing to observe the statutory requirements. (Secs. 9097, 9098, B. C. 1921; State ex rel. Williams v. District Court, 56 Mont. 478,…