Setser v. Swindle

STEAGALL, Justice.

Plaintiffs Harry and Yoshiko Setser seek a writ of mandamus directed to the Honorable Samuel H. Monk, Circuit Judge, Calhoun County, Alabama, compelling him to set aside his order granting the motion of defendants Etowah County and the City of Glencoe to transfer the Setsers’ negligence suit from Calhoun County to Etowah County. That order was based upon Ala.Code 1975, § 6-3-11, which requires that a civil action against a county or a municipality for damages based on personal injury, death, or property damage be filed either in the county sued or in the county where the…