Gotthelf v. Merchants' Bank
South Dakota Supreme Court
Appeal from 'Circuit Go-ur-t, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Mary Gotthelf against the Merchants’ Bank. From an order denying a change of venue, defendant appeal's. This notice, which was subscribed and sworn to by the -defendant, constituted- a -demand -under Chapter 177, Laws' of 1913. The -plaintiff was notified that defendant was a resident of San-born county and that defendant demanded that said action be tried in Sanborn county.
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Appeal from 'Circuit Go-ur-t, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Mary Gotthelf against the Merchants’ Bank. From an order denying a change of venue, defendant appeal's. This notice, which was subscribed and sworn to by the -defendant, constituted- a -demand -under Chapter 177, Laws' of 1913. The -plaintiff was notified that defendant was a resident of San-born county and that defendant demanded that said action be tried in Sanborn county. On the same day that the said affidavit and demand were served upon the attorney for the plaintiff defendant also served upon the said…
1Opinion of the CourtWhiting, J.
Plaintiff brought this action in the circuit court of Minnehaha county, and defendant claims that, under section 101/ C. C. P., 'and the holding of this court in the case of Mullen v. Accident Ins. Co., 26 S. D. 402, 128 N. W. 483, it had an absolute right to have the place of trial changed from that county to the county of Sanborn,' and that it took the proper steps to procure an order for such change from, the circuit court. The circuit court denied the motion for change of venue, and if is from such order of denial that this appeal was taken. It appears that, before answering and before…
2Cases cited3 opinions
- Elam v. GriffinNevada Supreme Court · 1887
- Barbour v. FidlerSouth Dakota Supreme Court · 1913
- Mullen v. Northern Accident Ins.South Dakota Supreme Court · 1910
3Cited by4 opinions
- McHarg v. Commonwealth Finance Corp.South Dakota Supreme Court · 1921
- Gegelman Ex Rel. Gegelman v. ReiersgaardNorth Dakota Supreme Court · 1979
- Agricultural Credit Corp. v. Land Investment Co.North Dakota Supreme Court · 1936
- Miedema v. Great Plains Production Credit Ass'nSouth Dakota Supreme Court · 1980