Fletcher v. Church

Citations

• 11 S.D. 537
• 78 N.W. 947
• 1899 S.D. LEXIS 15

Syllabus

<p>Under Comp. Laws, § 4891, authorizing a change of venue for the convenience of witnesses, but not prescribing- the procedure, defendant’s motion therefor is properly granted, in the absence of any denial of the facts set forth by him as to the convenience of witnesses, or an objection on the part of the only co-defendant who has appeared in the action, but who was not served with notice of the motion, and did not appear at the hearing, and who ydefendant swears was made such collusively, in order that plaintiff might control the venue.</p>