Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 31

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 31

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...their counsel that defendants would make their application to the court. The court, believing the application to be regular, and without ascertaining whether any previous demand had been made or any notice of the application had been given to the plaintiffs, granted the application by an order, which-was filed with the. clerk of courts in Butte county on the 6th day of February, 1912. On the 5th day of February, 1912, -but after the order transferring the case to McCook county had been made, the defendants prepared and served their answer on plaintiffs' counsel at Belle Fourche, in 'utte.county. In the answer the venue of the case was laid in McCook county. Service of this answer was admitted in writing by plaintiffs' counsel. The order transferring the case to McCook county was not served upon plaintiffs' attorneys; nor is it contended that they were notified or their attention called to the fact of the transfer at the time they admitted service of the answer. On the 7th of February, 1912, plaintiffs' counsel learned, for the first time and from the clerk of courts of Butte county, of the making and entry of the said order. Immediately thereafter they prepared and served on defendants' counsel a notice of motion to vacate and set aside the order made by the court on the 5th day of February, 1912, upon the ground "that the court had no jurisdiction to make the said order, for that the defendants had neither of them, prior to-the making of the said order, made a demand in writing that the place of trial of said action be changed; nor had the defendants made or' served any motion, or notice of motion, for an order changing the place of trial." This motion came on for hearing before more

Product details

  • Paperback
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236781643
  • 9781236781642