McDonald v. State

I would affirm.

Our venue statute relating to actions against a public officer is flexible and transitory in nature. It provides in the alternative that such actions "must be tried in the county where the cause, or some part thereof, arose". SDCL 15-5-2.

*578The ultimate issue in this proceeding is whether or not plaintiff's employment by the State Highway Department in Pennington County was properly or legally terminated. Obviously, "some part of the cause of action" arose in Pennington County where plaintiff was employed and his dismissal took place. As the California Court characterized the…