Lilly v. Haynes Cooperative Coal Mining Co.
North Dakota Supreme Court
Appeal from the district court of Hettinger county, Lembke, J. Defendant appeals from an order setting aside a stipulation of dismissal, and from an order denying an application for a change of' place of trial.
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Appeal from the district court of Hettinger county, Lembke, J. Defendant appeals from an order setting aside a stipulation of dismissal, and from an order denying an application for a change of' place of trial. “In determining an application for a change of place of trial, the court should look to the affidavits, as well as to the issues to be tried, and determine upon the entire showing made, in which of the two courts a trial will be most accessible to the greatest number of witnesses whose personal attendance the parties may require or reasonably expect to obtain.” Robertson Dumber Co. v.…
1Per curiam
The defendant has appealed from an order setting aside a stipulation dismissing the action, -and from an order refusing to change the place of trial. The two appeals were argued at the same time and will be considered in one opinion. The defendant is a South Dakota corporation, engaged in mining coal at Haynes, in Adams county, in this state. On or about December 23, 1920, the plaintiff commenced this action in the district court of Hettinger county, seeking to recover damages in the sum of $50,000 for certain personal injuries- which he claimed he had sustained on or about February 20, 1920,…
2Cases cited5 opinions
- Bolton v. DonavanNorth Dakota Supreme Court · 1900
- Northern Pacific Railway Co. v. BarlowNorth Dakota Supreme Court · 1910
- Brown v. CohnWisconsin Supreme Court · 1894
- Bingham v. Board of Supervisors of Winona CountySupreme Court of Minnesota · 1861
- Rogers. v. GreenwoodSupreme Court of Minnesota · 1869
3Cited by6 opinions
- Yonkers Fur Dressing Co. v. Royal InsuranceNew York Court of Appeals · 1928
- Lawrence v. LawrenceNorth Dakota Supreme Court · 1974
- Bohlman v. Big River Oil CompanyNorth Dakota Supreme Court · 1963
- Thomas C. Roel Associates, Inc. v. HenriksonNorth Dakota Supreme Court · 1980
- Hauser v. Security Credit Co.North Dakota Supreme Court · 1936
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