Legal Opinion

State ex rel. Commonwealth Finance Corp. v. Circuit Court

South Dakota Supreme Court

Decided October 27, 1920No. File No. 4794PublishedCited by 7 opinions

Original proceeding, by the State of Siouth Dakota on the relation of •Commonwealth Finance 'Corporation, a corporation, against the Circuit 'Court of Beadle 'County, South Dakota, and Hon. Arva E. Tayror, as judge of said Circuit Court, seeking a writ of prohibition.

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Original proceeding, by the State of Siouth Dakota on the relation of •Commonwealth Finance 'Corporation, a corporation, against the Circuit 'Court of Beadle 'County, South Dakota, and Hon. Arva E. Tayror, as judge of said Circuit Court, seeking a writ of prohibition. (3) To point three, Plaintiff cited: People Ex Rel Lackey v. District Court 30 Colo. 123; 69 Pac. 597; Cage v. McGee et al, i'5 S. D. 247; City of Huron v. Campbell, 3 S. D. 309, 314; Vine et al v. Jones et al, 13 S. D. 54; State Ex Rel Martin v. Superior Court, 97 Wash. 358; 166 Pac. 630; 1917 E. L. R. A. 905 (N. S.J ; State ex…

1Opinion of the CourtWhiting, J.

This is an original proceeding, wherein the defendant in a certain cause is seeking from this court a writ of *423prohibition, prohibiting a circuit court from exercising any further jurisdiction in that cause. It appears that said defend-' ant, plaintiff here, is a resident of another county than that in which such cause was brought, and it demanded from the circuit court a change of venue to the circuit court of the county of its residence. The plaintiff in said cause contended, in the circuit court, that the said defendant had waived its right to a change of venue by having voluntarily…

2Cases cited8 opinions

  1. State ex rel. Miller v. Superior CourtWashington Supreme Court · 1905
  2. Pennsylvania R. R. v. RogersWest Virginia Supreme Court · 1903
  3. Horrell v. California, Oregon & Washington Homebuilders' Ass'nWashington Supreme Court · 1905
  4. State ex rel. Rheinauer v. MaloneSupreme Court of Florida · 1898
  5. People Ex Rel. Ballin v. . SmithNew York Court of Appeals · 1906

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3Cited by7 opinions

  1. Putnam v. PyleSouth Dakota Supreme Court · 1930
  2. McHarg v. Commonwealth Finance Corp.South Dakota Supreme Court · 1921
  3. Polluck v. Minneapolis & St. Louis RailroadSouth Dakota Supreme Court · 1920
  4. State ex rel. Clough v. TaylorSouth Dakota Supreme Court · 1931
  5. Robinson v. Human Relations CommissionSouth Dakota Supreme Court · 1987

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