State Ex Rel. Allied Chemical Co. v. Aurelius

I respectfully dissent both from the denial of the alternative writ and the petition for a peremptory writ. Civ. R. 3(C) provides, in relevant part, that:

“(1) When an action has been commenced in a county other than stated to be proper in subdivision (B) of this rule, upon timely assertion of the defense of improper venue as provided in Rule 12, the court shall transfer the action to a county stated to be proper in subdivision (B) of this rule.” (Emphasis added.)

The writ of mandamus should lie for an erroneous ruling on venue in clear violation of the Civil Rules for the reasons so aptly…