Rust-Parker Grocery Co. v. Swanson

Frank T. Gallagher, Justice.

Relator seeks a peremptory writ of mandamus to remand an action to St. Louis county.

Relator commenced an action in St. Louis county against two defendants, both of whom resided in Cass county, service being made on defendant Harry Swanson on February 10, 1954, and on defendant G. A. Durkee on February 11, 1954. On February 24, 1954, Swanson alone served an affidavit and demand for change of venue. The affidavit and demand were filed on February 27, 1954, with the clerk of the district court of St. Louis county, who there*157upon forwarded the files to the clerk of the…