Smail v. Gilruth
South Dakota Supreme Court
Appeal from circuit court, Day county. Hon. A. W. Campbell, Judge. Action to recover money due upon a lease. From an order denying a motion for a change of venue, defendant appeals. The facts are stated in the opinion. The right to a change of venue is absolute, and cannot be resisted by considering the convenience of witnesses. §§ 4890 and 4881, Comp. Laws; McSherry v. Pennsylvania C. G. Min.
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Appeal from circuit court, Day county. Hon. A. W. Campbell, Judge. Action to recover money due upon a lease. From an order denying a motion for a change of venue, defendant appeals. The facts are stated in the opinion. The right to a change of venue is absolute, and cannot be resisted by considering the convenience of witnesses. §§ 4890 and 4881, Comp. Laws; McSherry v. Pennsylvania C. G. Min. Co., 32 Pac. 711; Pearse v. Bordeleau, 33 Pac. 140; Wallace v. Owlsley, 27 Pac. 790; Kleiners v. Loeb, 25 N. W. 216; Cook v. Pendergast, 61 Cal. 72. The proper time to consider the convenience of…
1Opinion of the CourtCorson, P. J.
The principal question presented by the record in this case, and the only one we shall,consider, is as to the right of a plaintiff to resist a motion made by the defendant to change the place of trial to the proper county, where the defendant resided when the action was commenced, by proof that the convenience of witnesses and the ends of justice would be' promoted by retaining the case in the county in which the action was commenced. This action was commenced in Day county, and the summons was served upon the defendant in Codington county. Within the proper time the defendant, upon an…
2Cases cited12 opinions
- Veeder v. . BakerNew York Court of Appeals · 1880
- Fong v. SternesCalifornia Supreme Court · 1889
- Cook v. PendergastCalifornia Supreme Court · 1882
- McSherry v. Pennsylvania Consolidated Gold Mining Co.California Supreme Court · 1893
- Heald v. HendyCalifornia Supreme Court · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ivanusch v. Great Northern Ry. Co.South Dakota Supreme Court · 1910
- McDonald v. StateSouth Dakota Supreme Court · 1972
- Meihak v. SchreckenghaustSouth Dakota Supreme Court · 1941
- Irwin v. TaubmanSouth Dakota Supreme Court · 1910
- Ott v. KelleyNorth Dakota Supreme Court · 1934
11 more not listed; retrieve them via the Exa API.