Smith v. Inter-Mountain Auto Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District in and for Lincoln County. Hon. Edward A. "Walters, Judge. Action to recover commissions for the sale of certain, automobiles. Motion for a change of venue denied. The cause of action is not of a local nature and not one of those the place of trial of which is specifically fixed by the statutes, and so “the action must be tried in the county in which the defendant .... resided at the commencement of the action.”
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APPEAL from tbe District Court of the Fourth Judicial District in and for Lincoln County. Hon. Edward A. "Walters, Judge. Action to recover commissions for the sale of certain, automobiles. Motion for a change of venue denied. The cause of action is not of a local nature and not one of those the place of trial of which is specifically fixed by the statutes, and so “the action must be tried in the county in which the defendant .... resided at the commencement of the action.” (See. 4123, Rev. Codes; Jenkins v. California Stage Co., 22 Cal. 538.) Sec. 20 of the practice act of 1858 of California…
1Opinion of the CourtSulliyan, J.
This action was brought in Lincoln county to recover commissions for the sale of three automobiles under a written contract made in said county. The defendant, the Inter-Mountain Auto Company, is a domestic corporation, with its principal place of business in Boise City, Ada county. After the service of summons, the defendant appeared and filed a demurrer to the complaint, and also a motion for a change of venue, basing said motion on the fact that the residence of said auto company was in Ada county. Said motion was supported by an affidavit showing the facts in regard to the residence of…
2Cases cited3 opinions
- Boyer v. Northern Pacific Railway Co.Idaho Supreme Court · 1901
- Steensland v. HessIdaho Supreme Court · 1913
- Easley v. New Zealand InsuranceIdaho Supreme Court · 1894
3Cited by5 opinions
- Julien v. BarkerIdaho Supreme Court · 1954
- Owen v. Taylor Ex Rel. TaylorIdaho Supreme Court · 1941
- American Surety Co. v. District Court of Third Judicial DistrictIdaho Supreme Court · 1927
- Witt v. BealsIdaho Supreme Court · 1917
- Owen v. Taylor Ex Rel. TaylorIdaho Supreme Court · 1941