Benton County State Bank v. West Coast Spruce Co.

1-3. The order transferring the case from Lincoln County to Benton County effected a complete change of venue of said case. Thereafter the case was to be tried as though it had been commenced in Benton County.

“Upon the filing of the transcript and papers with the clerk of the court to which the cause is transferred, the change of venue shall be deemed complete, and thereafter the action shall proceed as though it had been commenced in that court.” Or. L., § 50.

The text-books state the law substantially as said Section 50, Or. L.; 40 Cyc. 174-177.

“A change of venue operates to divest the court…