186 Ind. 633 | Ind. | 1917
Action by appellee to recover attorney’s fee's for. services rendered. On appeal from a judgment for plaintiff, appellant contends that the Marion Superior Court erred in overruling its motion for a new trial and, under that assignment, challenges first the action of the superior court in denying it a change of venue from the judge. Appellant is a foreign corporation, having its principal office in the city of New’ York, but is doing business in this State, and the affidavit which accompanied the motion for a change of venue was executed for and on its behalf by its district or resident-manager. The sufficiency of this affidavit is the first question to be determined.
It may be urged with reason that in cases such as the present, the affidavit should be made by an officer or agent sufficiently acquainted with the facts to 'make it conscientiously, and that position may be supported by authority. McGovern v. Keokuk Lumber Co. (1883), 61 Iowa 265, 16 N. W. 106; Jones V. Chicago, etc., R. Co. (1872), 36 Iowa 68, 71; Texas, etc., R. Co. v. Allen (1894), 7 Tex. Civ. App. 214, 26 S. W. 434. In view of our statute, however, that proposition must here be considered as of legislative rather than judicial concern, and we are required to hold that the overruling of appellant’s motion for a change of venue was not error.
Note. — Reported in 117 N. E. 858. Venue: (a) application for change, on ground of bias as ousting judge of jurisdiction, Ann. Cas. 1916 D 1281, 74 Am. Dec. 245, 40 Cyc 117, 166; (b) when corporation is entitled to change, 74 Am. Dec. 242. See under (3-5) 40 Cyc 157.