Legal Opinion

Danger v. Courier News

North Dakota Supreme Court

Decided December 15, 1921PublishedCited by 4 opinions

Appeal from the district court of Richland County, Allen, J. Defendants appeal from an order denying a motion for a change of venue. An order for change of venue is an appealable order. Bolten v. Donavan, g N. D. 575; 84 N. W. 357. An order denying an application for change of venue is appealable because it affects the merits. Robertson Lumber Co. v. Jones, 13 N. D. 112; Kramer v. Heins, 34 N. D. 507; Candy v. Bissell’s Estate 115 N. W. 571; North Dakota Statute.

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Appeal from the district court of Richland County, Allen, J. Defendants appeal from an order denying a motion for a change of venue. An order for change of venue is an appealable order. Bolten v. Donavan, g N. D. 575; 84 N. W. 357. An order denying an application for change of venue is appealable because it affects the merits. Robertson Lumber Co. v. Jones, 13 N. D. 112; Kramer v. Heins, 34 N. D. 507; Candy v. Bissell’s Estate 115 N. W. 571; North Dakota Statute. Our statutes do not prohibit more than one application for change of venue and unless the statutes provide otherwise more than one…

1Per curiam

This is an appeal from an order denying a change of venue. The action is for libel. It was heretofore before this court upon an appeal from an order overruling a demurrer to the complaint. 179 N. W. 909. This court held that the complaint stated a cause of action. The remittitur was filed in the trial court on November 19, 1920. On or about December 29, 1920, an answer was interposed. On March 12, 1921, the defendant made application to change the place of trial from Cass county to some other county upon the ground that an impartial trial could not be had in that county. On April 16, 1921,…

2Cases cited2 opinions

  1. Booren v. McWilliamsNorth Dakota Supreme Court · 1916
  2. Langer v. Courier-NewsNorth Dakota Supreme Court · 1920

3Cited by4 opinions

  1. Jerry Harmon Motors, Inc. v. First National Bank & Trust Co.North Dakota Supreme Court · 1989
  2. Hovland v. WallerNorth Dakota Supreme Court · 1959
  3. Brace v. Steele CountyNorth Dakota Supreme Court · 1951
  4. Swiggum v. Valley Investment Co.North Dakota Supreme Court · 1945

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