Couch v. Sutton

STEAGALL, Justice.

Certiorari was granted in this case in order to determine whether Adolph Sutton’s motion to transfer was timely filed in Mobile Circuit Court. We find that it was and reverse.

Thomas Couch filed a three-count complaint against Sutton in the District Court of Mobile County on February 28, 1985. Counts one and three of the complaint alleged an action in contract, while count two alleged an action in tort for conversion.

Sutton filed an answer in the district court on July 29, 1985, in which he raised the issue of improper venue. A trial was held on November 14, 1985, and a…