Obermeyer v. Indianapolis Lien & Credit Co.

Dissenting Opinion

Smith, J.

— I am herewith dissenting to the majority opinion for the following reasons:

Burns’ Indiana Statutes, § 2-707 (1966 Supp.) provides in part that:

“. . . any action brought by the assignee of a claim arising out of a contract, whether assigned in writing or by delivery, shall be commenced in the county where one or more of the parties immediately liable to judgment and execution reside, and not elsewhere.”

Pursuant to the provisions of this statute, the defendants are required to be jointly liable upon the cause of action in ordér to authorize an action in the county…