Ex Parte Sutton

AFTER REMAND FROM THE SUPREME COURT

This is a mandamus proceeding to change venue.

Couch sued Sutton in the District Court of Mobile County. The complaint contained two counts which were based upon contract and a third count which alleged the conversion of money. The defendant's answer denied the existence of any contract with the plaintiff and further denied that the defendant had ever had any transaction with the plaintiff. The defendant further averred that venue was improper since the defendant has never been a resident of Mobile County. After a trial the district court rendered a judgment…