Uttecht v. Ahrens

HARRIS, Justice.

One of our procedural rules provides for situations when an action is brought in the wrong county. Costs and fees are assessed to compensate for defendants’ trouble in defending in the wrong county. The rule then requires the plaintiff to see to the transfer of the action to the proper county. If the transfer is not accomplished within twenty days the rule provides that the suit be dismissed. The question here is whether such a dismissal is with or without prejudice. We think the dismissal is without prejudice so that a plaintiff may thereafter bring another action on the same…