Kimberlin v. Rutliff

Error is assigned to the denial of an application for change of place of trial.

Briefly, defendant in error alleged plaintiff in error’s failure to perform the terms of a written contract, fully set out, by which the parties were to exchange real prop erties, that of defendant in error situate in Pueblo and that of plaintiff in error in Canon City, and prayed for damages in the sum of $1,999. Plaintiff in error made timely application for change of place- of trial to Fremont county, and showed by affidavit that service of process was in that county, and that at the time of service, as well as…