Barbour v. Fidler
South Dakota Supreme Court
Appeal from Circuit Court, Butte County. Hon. Wm. G. Ricu, Judge. Action by William L. Barber and another against Ben Fidler and another. From1 on order vacating “an order changing the venue, defendants appeal.
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Appeal from Circuit Court, Butte County. Hon. Wm. G. Ricu, Judge. Action by William L. Barber and another against Ben Fidler and another. From1 on order vacating “an order changing the venue, defendants appeal. If the' plaintiffs can thus voluntarily appear in the new tribunal, what more is required,to constitute such general appearance than due admission of service of an issuable pleading entitled in the new tribunal? And lastly, would a motion by plaintiffs, thereafter made, be sustainable to compel the defendants to take his answer from the new • tribunal, bring it back, file it in the…
1Opinion of the CourtPoeley, J.
This action was commenced in the circuit court in Butte county. Both of the defendants resided in McCook county, where the summons and complaint were served upon them on the 6th day of January, 1912. During the time allowed for answering, negotiations took place between plaintiffs and defendants looking to a compromise, of the matters in controversy. On the 5th day of February, 1912, the defendants, by their counsel, presented to the court an application to change the place of trial from Butte county to McCook county. No previous demand had been made upon the plaintiffs for a change of place…
2Cited by8 opinions
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- Herron v. FoxSouth Dakota Supreme Court · 1939
- Gotthelf v. Merchants' BankSouth Dakota Supreme Court · 1914
- Kolb v. MonroeSouth Dakota Supreme Court · 1998
- Midwest Oil Co. v. OlsonSouth Dakota Supreme Court · 1938
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