Fairley Bros. v. Abernathy

Actions for tbe recovery of personal property must-be tried in tbe county in wbieb tbe subject of tbe action, or some part thereof is situated, subject to tbe power of tbe court to change tbe place of trial in tbe cases provided by law. C. S., 463. Was tbe present action brought for tbe recovery of personal property within tbe meaning of this section ? Tbe defendant contends that it was; but tbe plaintiffs say that it was brought to enforce the' specific performance of a contract relating to personal property. Tbe nature of tbe action must be determined by tbe relation of tbe parties, their…