Olson v. Osborne & Co.
Supreme Court of Minnesota
This action was commenced in the district court for Freeborn county. Defendant, a corporation created and existing under the laws of New York, upon affidavits showing that for more than a year past it had had an office and general place of business in Hennepin county, and had no agent, agency or place of business in Freeborn county, moved for a change of venue to the former county.
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This action was commenced in the district court for Freeborn county. Defendant, a corporation created and existing under the laws of New York, upon affidavits showing that for more than a year past it had had an office and general place of business in Hennepin county, and had no agent, agency or place of business in Freeborn county, moved for a change of venue to the former county. This motion having been denied by Farmer, J., the action proceeded to trial, and plaintiff bad a verdict. Defendant appeals' from an order- refusing a new trial."
1Opinion of the CourtBebrv, J.
Gen. St. 1866, c. 66, § 40, (corresponding to Gen. St. 1878, c. 66, § 49,) was so amended by Laws 1877, c. 68, as to read, so far as here important, as follows: “In all other cases, except when the state of Minnesota is plaintiff, the action shall be tried in the county in which the defendants, or any-of them, shall reside at the commencement of the action; or, if none of the parties shall reside or be found in the state, or the defendant be a foreign corporation, the same may be tried in any county which the plaintiff shall designate in his complaint, subject, however, to the power of the…
2Cited by6 opinions
- Waechter v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1909
- Eickhoff v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1898
- Claseman v. FeeneySupreme Court of Minnesota · 1941
- Atchison, T. & S. F. RY. CO. v. DraytonCourt of Appeals for the Eighth Circuit · 1923
- Smith v. Utah Home Fire InsuranceSupreme Court of Minnesota · 1951
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