63 P.2d 1022 | Mont. | 1936
This is an appeal from an order of the district court of Beaverhead county denying a motion for a change of venue. *575 The motion is based upon affidavits of one of the defendants, in which he recites at length certain inconveniences to the defendants' witnesses that would arise if the case is tried in Beaverhead county, and requests therein that the case be transferred to Silver Bow county. The plaintiff filed a counter-affidavit. The district court, after duly considering the affidavits, denied the motion for change, and the case comes here by appeal from the order. No other issue is presented.
The district court having exercised its discretion, we should[1, 2] not overrule it unless it had abused that discretion. It clearly appears that it has not. The matter is set at rest by the decision in the case of In re Davis' Estate,
Counsel for appellants argue at considerable length that the complaint did not state facts sufficient to state a cause of action and, therefore, the district court had no jurisdiction, and also at length the merits of the case. The merits of the case certainly were not subject to argument on this motion for a change of venue, and the argument that the court did not have jurisdiction is not subject to consideration at this time; but if it were, a brief examination of the complaint satisfies us that a sufficient statement is made by the complaint to invest this court with jurisdiction.
The order appealed from is affirmed.
ASSOCIATE JUSTICES MATTHEWS, STEWART, ANDERSON and MORRIS concur. *576