State v. Jones
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Order of the district court denying change of venue. Under provisions of sec. 6666, C. S., the right of defendant to have the place of trial changed is absolute if the demand is duly made and the court cannot retain the case on the ground of convenience of witnesses.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Order of the district court denying change of venue. Under provisions of sec. 6666, C. S., the right of defendant to have the place of trial changed is absolute if the demand is duly made and the court cannot retain the case on the ground of convenience of witnesses. (Smail v. Gilruth, 8 S. D. 287, 66 N. W. 452.) C. S., subd. 13, see. 141, does' not grant exclusive jurisdiction to the courts of Ada county. (State v. Campbell, 3 Cal. App. 602, 86 Pac. 840.) The obvious intention of…
1Opinion of the CourtRice, C. J.
This action was instituted by the state for the purpose of recovering from appellant Jones, as fish and *85game warden, and his surety, certain sums alleged to be due as the net value of fish and game licenses and shipping permits issued to him and unaccounted for, together with interest thereon and the penalty provided for by statute.
The American Surety Company is a foreign corporation. The appellants moved the court for a change of venue to Gooding county, alleged to be the county in which appellant Jones resides. This appeal is from the order of the court denying the motion.
The action was…
2Cases cited2 opinions
- Oregon Short Line Railroad v. Minidoka CountyIdaho Supreme Court · 1915
- State Ex Rel. Colgan v. CampbellCalifornia Court of Appeal · 1906
3Cited by17 opinions
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- Christensen v. WestIdaho Supreme Court · 1968
- Hook v. HornerIdaho Supreme Court · 1973
- State Ex Rel. Taylor v. TaylorIdaho Supreme Court · 1938
- Mountain View Rural Telephone Co. v. Interstate Telephone Co.Idaho Supreme Court · 1935
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