Farmers State Bank v. Hager

The defendants are residents of Pierce county and the action was commenced therein. On motion of the plaintiff the court granted a change of venue to Benson county. The ground for .the motion was “that a fair and impartial trial of said action cannot be had in Pierce county.” This motion was supported by five affidavits and was opposed by five affidavits. The court granted the motion and one defendant' appeals.

The ground set forth as a basis for the change of venire is one of the grounds permitted by statute. See § 7418 of the Compiled Laws. The application is “necessarily addressed to the…