State ex rel. Stewart & Holmes Drug Co. v. Superior Court

Citations

• 67 Wash. 321
• 121 P. 460
• 1912 Wash. LEXIS 1173

Syllabus

<p>Venue — Change—Garnishment—Residence of Garnishee. Upon default by a nonresident defendant in the main action, a garnishee defendant is entitled to a change of venue to the county of his residence for a trial of the issue in the garnishment.</p> <p>Venue — Change—Application—Affidavit of Merits — Residence of Garnishee. Under Rem. & Bal. Code, § 208, providing that where an action is not brought in the proper county, a trial may be had there unless the defendant files an affidavit of merits and demands a change of venue, an affidavit of merits, in the technical sense, is not necessary upon a demand for a change of venue by a garnishee defendant to the county of his residence, when construed with reference to §§ 207 or 209, authorizing a change of venue when it appears by affidavit that the county designated in the complaint is not the proper county, or when necessary to secure a fair trial, or for the convenience of witnesses.</p>