Whitcher v. Union Grange Fair Ass'n
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the November term, 1913, of the superior court by Pike, C. J. During the trial a witness testified that the plaintiff resided in Grafton county, where the defendant had its sole place of business.
Read the full summary
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the November term, 1913, of the superior court by Pike, C. J. During the trial a witness testified that the plaintiff resided in Grafton county, where the defendant had its sole place of business. Thereupon the defendant moved that the case be transferred to that county, and offered to prove that the plaintiff resided there and that the defendant and its counsel were justifiably ignorant of the facts until that time. The court declined to hear the evidence and denied the motion, and the defendant excepted. The…
1Opinion of the CourtPeaslee, J.
The plaintiff’s claim, that a change of venue because an action has been brought in the wrong county can only be had at the plaintiff’s option, is not well founded. Instead of dismissing such a suit for want of jurisdiction, the court may transfer it to the proper county without any request from the plaintiff that such action be taken. Wheeler & Wilson Mfg. Co. v. Whitcomb, 62 N. H. 411. The order is made only when required by justice. Bartlett v. Lee, 60 N. H. 168. There is no sound reason why a defendant may not ask for the relief which justice will afford him, rather than for an…
2Cases cited3 opinions
- Bartlett v. LeeSupreme Court of New Hampshire · 1880
- Tucker v. LakeSupreme Court of New Hampshire · 1892
- Wheeler & Wilson M'f'g Co. v. WhitcombSupreme Court of New Hampshire · 1882
3Cited by2 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- State v. HaleSupreme Court of New Hampshire · 1932