Mann. Mauck & Stephens v. Clapp & Brown

Opinion by

White, P. J.

§ 503. Venue; contract to perform obligation in a particular county. One of the exceptions to the general statutory rule that every inhabitant of the state must be sued in the county of his domicile is: “In cases where a person has contracted to perform an obligation in a particular county, in which case suit may be instituted in that county.” [Pas. Dig. 1423, note.] As the statute now is, this contract must be in writing. [R. S. 1198, sub. 5; 1556, sub. 4.] The fact that defendants were running and operating a mill in a county through their agent, while they had their…