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Legal Opinion

Dworsky v. Herbst

Supreme Court of Minnesota

Decided February 6, 1959No. 37,717PublishedCited by 6 opinions

1Opinion of the Court

Knutson, Justice.

This is a petition for a peremptory writ of mandamus to compel the court below to grant a change of venue.

This action was brought in Hennepin County by plaintiff to recover unpaid rent alleged to be due from defendants under a written lease covering certain premises in Anoka County. The summons and complaint were served on Ervin Herbst on September 5, 1957. On September 17, the defendants made a demand under M. S. A. 542.10 for a change of venue to Benton County. The demand was accompanied by an affidavit of defendants’ attorney in which he stated:

“* * * That defendant Ervin…

2Cases cited14 opinions

  1. State ex rel. Minneapolis Threshing-Machine Co. v. District CourtSupreme Court of Minnesota · 1899
  2. Flowers v. BartlettSupreme Court of Minnesota · 1896
  3. Grimes v. EricsonSupreme Court of Minnesota · 1904
  4. Zell v. Friend-Crosby & Co.Supreme Court of Minnesota · 1924
  5. Pavek v. Ceska Farmarska Vzajemne Pojistujici SpolecnostSupreme Court of Minnesota · 1938

9 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Mississippi Valley Development Corp. v. Colonial Enterprises, Inc.Supreme Court of Minnesota · 1974
  2. Donovan v. DixonSupreme Court of Minnesota · 1959
  3. Anderson v. Farmers Mutual Automobile InsuranceSupreme Court of Minnesota · 1960
  4. Agricultural Insurance v. Midwest Technical Development Corp.Supreme Court of Minnesota · 1964
  5. Misgen v. HerdaSupreme Court of Minnesota · 1961

1 more not listed; retrieve them via the Exa API.

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