238 N.W. 643 | S.D. | 1931
[1] Defendant, Fred Nedved, is a resident of Charles Mix county, S.D. September 15, 1929, his wife, Marguerite Nedved, the plaintiff, instituted the present action against him seeking a divorce. Plaintiff instituted her action in Minnehaha *162
county, S.D. Within the statutory time defendant, in due form, demanded change of venue to the county of his residence. Plaintiff resisted that demand, and made a showing by affidavits seeking to have the case retained in Minnehaha county, S.D., on the ground of convenience of witnesses. The trial court very properly (Smail v. Gilruth,
[2, 3] The matter of granting or refusing an application for change of venue, made upon the ground of convenience of witnessess, lies very largely within the sound judicial discretion of the court to whom it is addressed. The action of the court thereon will not be reversed upon appeal unless a clear abuse of such discretion appears. Wakpala State Bank v. Tackett,
To rehearse in this opinion the showings made by the respective parties below would prolong the opinion unduly and serve no good purpose. We have examined the record with care, and it is sufficient to say that not only has appellant failed to convince us that the learned trial judge in any degree abused his discretion, but, on the other hand, we are affirmatively persuaded that he exercised it properly.
The order is affirmed.
POLLEY, P.J., absent and not participating.
ROBERTS, WARREN, and RUDOLPH, JJ., concur. *163