Cannon v. Tuft

CROCKETT, Justice.

This appeal involves the use of the motion to dismiss to object to improper venue. We hold that the motion to dismiss is inappropriate for such purpose.

Plaintiff commenced suit on a contract in the District Court for Salt Lake County, the complaint showing on its face that the defendant was a resident of Salina, Utah, in Sevier County. Plaintiff admits on this appeal that proper venue would have been Sevier rather than Salt Lake County.

Defendant filed a “Motion to Dismiss for Improper Venue,” which the court denied. Notice of the denial was mailed to defendant September 9,…