Nyberg v. Wermerskirschen

Rogosheske, Justice.

Defendant-relator seeks a writ of mandamus directing transfer of venue of this action for breach of contract from Redwood County, where the action was commenced, to Hubbard County, the residence of defendant. The trial court, ruling that “the moving party has the burden of establishing grounds for such removal,” denied defendant’s motion, finding that part of the cause of action, defendant’s breach by nonpayment, arose in Redwood County. We disagree.

Plaintiff, doing business as Lamberton Hatchery in Redwood County, sued defendant to recover $12,240 claimed due on a…