Yess v. Ferch

Per. Curiam.

Action begun in Polk county this state, by plaintiff, a resident of Peoria, Illinois, against defendant, a resident of Hennepin county, this state. Defendant, before answering, timely made and filed with the clerk of the district court of Polk county a proper affidavit and demand for change of venue to Hennepin county. Upon the clerk’s refusal to transmit the files, defendant moved the district court of Polk county, the Honorable James E. Montague, to direct the clerk to transmit the files. The court filed an order refusing so to do. On petition of defendant to this court, an…