Daniel & Daniel, Inc. v. Cosmopolitan Co.

Clark, Judge.

Can the lack of venue as against an original defendant be cured by the joinder of a new party defendant? That is the principal question presented in this appeal from the grant of motions to dismiss for lack of venue.

Daniel & Daniel, Inc. filed a lien foreclosure action against the Cosmopolitan Company (Cosmopolitan) in DeKalb County, the complaint reciting defendant to have its principal place of business in that county. Cosmopolitan answered pleading inter alia, a want of venue defense. Subsequently plaintiff moved to add Utica Mutual Insurance Company (Utica), a foreign…