Robertson Lumber Co. v. Jones
North Dakota Supreme Court
Appeal from District Court, Pierce county, Cowan, J. Action by the Robertson Lumber Company against Andrew H. Jones. Judgment for plaintiff and defendant appeals. Defendant has a legal right to have his case tried in the county of his residence, unless some of the statutory grounds for a removal exist; and no showing is made that the convenience of witnesses demands a change of place of trial.
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Appeal from District Court, Pierce county, Cowan, J. Action by the Robertson Lumber Company against Andrew H. Jones. Judgment for plaintiff and defendant appeals. Defendant has a legal right to have his case tried in the county of his residence, unless some of the statutory grounds for a removal exist; and no showing is made that the convenience of witnesses demands a change of place of trial. The discretion to be exercised by the court in ordering such change is a legal one to be exercised only upon a sufficient showing. Affidavits should show how the witnesses are material and what facts…
1Opinion of the CourtYoung, C. J.
The defendant appeals from an order changing the place of trial of this action from Pierce county to Grand Forks county. The venue was originally laid in the latter county. Upon defendant’s application the case was transferred to Pierce county, which is the county of the defendant’s residence. Thereafter the plaintiff applied for and secured the order transferring the case to Grand Forks county, from which this appeal is taken.
Counsel for respondent contend that an order changing the venue of an action is not appealable, and that this appeal should therefore be dismissed. This question was…
2Cases cited15 opinions
- Strong v. LawrenceSupreme Court of Iowa · 1882
- Bolton v. DonavanNorth Dakota Supreme Court · 1900
- Cartright v. Town of BelmontWisconsin Supreme Court · 1883
- Allerton v. EldridgeSupreme Court of Iowa · 1881
- White v. Chicago, M. & St. P. Ry. Co.Supreme Court Of The Territory Of Dakota · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Curren v. StoryNorth Dakota Supreme Court · 1918
- Olson v. MattisonNorth Dakota Supreme Court · 1907
- Bartholomay v. St. Thomas Lumber CompanyNorth Dakota Supreme Court · 1963
- Hanson Ex Rel. Hanson v. Garwood IndustriesNorth Dakota Supreme Court · 1979
7 more not listed; retrieve them via the Exa API.