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19 Mont. 372

McDonnell v. Collins

Montana Supreme Court

Decided April 12, 1897

Montana Supreme Court · decided 1897-04-12

Dudley Du Bose, Judge. Action by John J. McDonnell against T. E. Collins and J. T. Armington. Defendants’ application for a change of venue was denied, and they appeal. Statement of the case by the Justice delivering the opinion. Plaintiff brought this suit in the district court of Fergus county to recover the amount of an account claimed to be due and owing from defendants.

Relies on Yore v. Murphy · Wallace v. Owsley · Watkins v. Degener

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1897-04-12

How this case has been cited

Cited by 5 later decisions — most recently July 1954

5 state decisions

101897190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pemberton, C. J.

¶1We think this is an action of that character which section 613, Code of Civil Procedure, requires to be brought in the county where the defendants, or some of them, reside at the commencement of the action, or where the plaintiff resides, and the defendants, or any of them, may be found. It is not disputed that both defendants resided in Cascade county at the time this action was commenced, and that they were both served with summons in this suit in Cascade county; nor is it claimed that either of them was found in Fergus county. We think, under the showing made by the defendants, that the court erred in refusing to change the venue of the case to Cascade county. (Wallace v. Owsley, 11 Mont. 219, 27 Pac. 790; Paige v. Carroll, 61 Cal. 215; Cook v. Pendergast, Id. 72; Watkins v. Degener, 63 Cal. 500; Yore v. Murphy, 10 Mont. 304, 25 Pac. 1039.) The order appealed from is reversed and the case remanded, with instructions to the district court to grant the change of venue.

¶2Reversed and Remanded.

Hunt and Buck, JJ., concur.
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