Olivier v. Cunningham
Supreme Court of Minnesota
Appeal by plaintiff, Eugene Olivier, from a judgment of the District Court of Carver County, Cadwell, J., entered April 9, 1892. This action was brought by the plaintiff against the defendant, George Cunningham, in September, 1891, in the District Court of Hennepin County.
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Appeal by plaintiff, Eugene Olivier, from a judgment of the District Court of Carver County, Cadwell, J., entered April 9, 1892. This action was brought by the plaintiff against the defendant, George Cunningham, in September, 1891, in the District Court of Hennepin County. By consent the place of trial was changed to Carver County, but without prejudice to plaintiff’s right to move for a change of venue back to Hennepin County on the ground of convenience of witnesses, or for any other reason. Plaintiff, thereafter, .on his own affidavit, moved for a change of venue to Hennepin County. The…
1Opinion of the CourtDickinson, J.
The sole question here to be decided is as to whether the refusal of the district court to change the place of trial from the county of Carver to the county of Hennepin can be sustained as a reasonable exercise of judicial discretion. It may be stated, for the sake of brevity, that while the cause properly stood for trial in the county of Carver, where the defendant resided, the motion for a change was properly made by the plaintiff, who resided in the county of Hennepin. The action was brought to recover for an accident and injuries alleged to have been caused by the negligence of the…
2Cases cited2 opinions
- People's Ice Co. v. SchlenkerSupreme Court of Minnesota · 1892
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
3Cited by6 opinions
- Miller v. Anchor Casualty Co.Supreme Court of Minnesota · 1951
- King v. SchultzSupreme Court of Minnesota · 1950
- Vornbrock v. BolligSupreme Court of Minnesota · 1945
- Schultz v. Land O' Lakes Creameries, Inc.Supreme Court of Minnesota · 1952
- Olivier v. CunninghamSupreme Court of Minnesota · 1893
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