Hurlburt v. Westbrook

Citations

• 111 Miss. 643
• 71 So. 902

Syllabus

<p>1. Venue. Two court districts. Statute. Replevin suit.</p> <p>Under Acts 1902, chapter 93, entitled, “An act to divide Coahoma county into two circut court and chancery court districts and for other purposes,” ,the county to a certain extent is made for the purpose of venue of actions practically two separate and distinct counties, and if a defendant is sued in the wrong district he has the right to a change of venue to the proper district, as if he were a resident of another county and desired a change of venue to the county of his residence.</p> <p>2. Venue. Two court district. County. Replevin suit. Statutes.</p> <p>The second proviso of section 13, Acts 1902, chapter 93, providing that no suit shall be dismissed because defendant may be sued in the wrong district, but the cause shall be transferred on motion to the proper district, where defendant, a resident freeholder of the second district of the county, was sued in replevin, in „the first district, the sheriff executing the writ by taking the property located in the second district, was not entitled to dismissal for lack of jurisdiction, having the option to have the cause transferred to the second district, a citizen of the county, being entitled to have a case tried in the district of his residency unless he or the property be found in the other district. This construction of the statute harmonizes with the code chapter on replevin, fixing the venue of such actions in the county wherein the property sought to be replevied or the defendant, may be found.</p>