Price v. Willson
North Dakota Supreme Court
Prom an order of the District Court of Stutsman County, Goffey J.', plaintiff appeals. Tbe court erred in changing tbe county or place of trial over objection, as no demand therefor was made “before tbe time for answer had expired.” Comp.
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Prom an order of the District Court of Stutsman County, Goffey J.', plaintiff appeals. Tbe court erred in changing tbe county or place of trial over objection, as no demand therefor was made “before tbe time for answer had expired.” Comp. Laws 1913, § 7418. It is tbe general rule that under statutes permitting demand for change of venue to be made “before answer,” it may be made at any time before answer is actually served, whether within the original time allowed by statute, or within a time enlarged by stipulation. But under statutes like that of this state the demand must be made '“before…
1Opinion of the Court
Christianson, Ch. J.
This is an action for false imprisonment commenced in the district court of Stutsman county. The defendant is a resident of Barnes county, and the summons and complaint herein were served by leaving copies thereof at defendant’s dwelling house in said Barnes county on January 4th, 1918. The defendant was in Canada at the time the papers were served. On his return he retained attorney M. J. Englert of Valley City, and informed him that the papers had been served on January 11th, 1918. On February 6th, 1918, Englert prepared and mailed to plaintiff’s attorney a demand for…
2Cases cited2 opinions
- Irwin v. TaubmanSouth Dakota Supreme Court · 1910
- McCarty v. ThorntonNorth Dakota Supreme Court · 1917
3Cited by5 opinions
- Kiley v. MecklerNorth Dakota Supreme Court · 1928
- State v. BloomNorth Dakota Supreme Court · 1922
- Gegelman Ex Rel. Gegelman v. ReiersgaardNorth Dakota Supreme Court · 1979
- Agricultural Credit Corp. v. Land Investment Co.North Dakota Supreme Court · 1936
- Springer v. PaulsonNorth Dakota Supreme Court · 1943