Hassing v. Zahalka

Dell, Chief Justice.

Plaintiff instituted an action against defendant in Waseca county. Defendant, pursuant to M. S. A. 542.10, demanded that the venue be changed to Hennepin county where defendant resides. Plaintiff, claiming that the action was properly venued in Waseca county under § 542.08, filed written objections to the change of venue with the clerk of the district court of Waseca county. The clerk, honoring the objections, refused to transfer the files and notified the defendant that he would not do so without an order of the court.

Defendant, as relator, thereupon filed his petition in…