Booren v. McWilliams
North Dakota Supreme Court
Action for breach of promise of marriage. Appeal from order of District Court of Towner County denying motion for change of venue, Buttz, J. Statement of facts by Bruce, J. This is an appeal from an order of the district court denying a motion by the defendant for a change of venue in a case of breach of promise to marry.
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Action for breach of promise of marriage. Appeal from order of District Court of Towner County denying motion for change of venue, Buttz, J. Statement of facts by Bruce, J. This is an appeal from an order of the district court denying a motion by the defendant for a change of venue in a case of breach of promise to marry. The motion of the defendant was supported by ninety-one affidavits, though some of these were afterwards withdrawn by the signers, and counter affidavits were filed by them, which not merely stated that the former had been signed by mistake and that the maker had signed them…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The question to be determined in this case is whether the trial court committed an abuse of its discretion in refusing a change of venue under the provisions of *345the statute (Comp. Laws 1913, § 7418) which permits such a change “if there is reason to believe that an impartial trial cannot be had” in the county. We are satisfied that no such abuse of discretion occurred. It is, of course, well established that the matter is discretionary with the trial court, and that such discretion will not be reviewed or interfered with unless there .has been a manifest…
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