Knudsen v. J. I. Case Co.

MARTIN, Justice.

The question of venue only is involved on this appeal. Appellee sued appellant, admittedly a resident of Hutchinson county, for balance due on a note, and for foreclosure of chattel mortgage lien on farm machinery. His suit was instituted in the district court of Potter county. Under proper pleadings, issue was joined below upon appellant’s right to be sued in the county of his residence. The trial court overruled appellant’s plea of privilege after a full hearing.

The note sued on was dated June 20, 1930, and was payable July 10, 1931. Appellee’s suit was filed August 14,…