Legal Opinion · Dissent

Depee v. First Citizen S Bank of Bu

Montana Supreme Court

Decided May 11, 1993No. 92-501Published

1DissentJustice Trieweiler

I dissent from the majority opinion.

*222Defendant was entitled to be sued in the county of its residence unless it was a party to a contract to be performed in some other county. In reasoning which adds a new twist to the rules of venue, the majority holds that since some other contract to which defendant was not a party was to be performed in Ravalli County, defendant is somehow subject to suit in Ravalli County.

Plaintiffs filed a complaint against defendant in Ravalli County alleging six causes of action. Count No. 2 was the only cause of action based on contract. It alleged that:

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2Cases cited4 opinions

  1. Hardenburgh v. HardenburghMontana Supreme Court · 1944
  2. Whalen v. SnellMontana Supreme Court · 1983
  3. Berlin v. BoedeckerMontana Supreme Court · 1989
  4. Armon v. StewartMontana Supreme Court · 1973

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