Fletcher v. Church
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by H. G. Fletcher against W. D. Church and others. From an order granting defendant Church a change of venue, plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
Plaintiff appeals from an order granting the application of the defendant Church for a change of the place of trial from Minnehaha county to Brule county, his place of residence, and that of his material witnesses; and the only point urged for a reversal is that the defendant Berndt, an alleged guarantor of the promissory notes, made the basis of the action, and a party who appears to have answered before the order was granted, was not served with notice of the motion, and did not appear at the hearing. The summons was not served on defendant Baker, who, it is alleged, executed the notes…
2Cases cited4 opinions
- Wolcott v. WolcottWisconsin Supreme Court · 1873
- Holm v. ColmanWisconsin Supreme Court · 1895
- King v. VanderbiltNew York Supreme Court · 1852
- Sherman v. GregoryNew York Supreme Court · 1872
3Cited by3 opinions
- Putnam Ranches, Inc. v. O'Neill Production Credit Ass'nSouth Dakota Supreme Court · 1978
- Robertson Lumber Co. v. JonesNorth Dakota Supreme Court · 1904
- State v. WinchesterNorth Dakota Supreme Court · 1909