Hardenburgh v. Hardenburgh

I dissent. I am of the opinion that the prior decisions of this court, State ex rel. Interstate Lumber Co. v. DistrictCourt, 54 Mont. 602, 172 P. 1030; State ex rel. Coburn v.District Court, 41 Mont. 84, 108 P. 144; State ex rel.Western Accident Indemnity Co. v. District Court, 55 Mont. 330,176 P. 613, and Silver v. Morin, 74 Mont. 398,240 P. 825, correctly interpret that portion of section 9096, Revised Codes, relating to venue now before us. That portion simply states: "Actions upon contracts may be tried in the county in which the contract was to be performed, * * *." As construed by this…