McGraff v. McGillvray

MR. JUSTICE ANGSTMAN:

This is an appeal by defendant from an order denying his motion for change of place of trial.

The action- was brought in Powell County, in behalf of the heirs of Melvin Earl McGraff, to recover damages for his wrongful death. The complaint alleges that defendant McGillvray is the executor-of the estate of Wilbur C. Cook, now deceased; that Wilbur C. Cook, on August 19, 1956, wilfully, unlawfully and wrongfully shot and killed. Melvin Earl McGraff with- a 25-35 Winchester rifle. This allegation was put in issue by the answer of defendant, and an affirmative defense was…