85 Iowa 706 | Iowa | 1891
I. This action was brought in Adams county. A motion to change the venue on the ground that the defendant did not reside in that county was sustained, and the cause was sent, pursuant to the statute, to Montgomery county; the order making the change adjudging costs against the plaintiff, and prescribing that they shall be paid in thirty days. A motion to dismiss the case in the Montgomery district court, on the grounds that the costs were not paid in time, nor the papers filed in that court in time, was sustained. This order was set aside on thq
II. The presumption is in favor of the correctness of the court’s rulings, in the absence of any evidence showing error therein. The statute (Code, section 2589) provides, when a change of venue is ordered on the ground that the action was commenced in the wrong county, that, if the “costs are not paid to the clerk by a time to be fixed by the court, or if the papers in such case are not filed by the plaintiff in the court to which the change is ordered ten days before the first day of the next term thereof, or if ten days do not intervene between the making of said order and the first day of the next term of said court, ten days preceding the first day of the next succeeding term thereof, in either event the action shall be deemed to be discontinued.” We cannot say, in the absence of a showing in the record, that we have before us all the evidence and facts upon which the court acted, and that the court erred in its rulings on the motion. We cannot presume that there was no evidence and facts supporting the ruling. On the contrary we must presume, in the absence of a showing to the contrary, that the ruling has the support of the evidence and facts in the case.
III. We think the abstract shows that the papers were not filed in Montgomery district court in the time prescribed by the statute just quoted. There is therefore an affirmative showing that the order dismissing the ease was correctly made in obedience to the plain language of that statute.
IV. The plaintiff alleges that the ruling of the Adams district court changing the venue of the case was erroneous, and therefore the order of the district court of Montgomery county dismissing the case ought to be reversed. But, as there is no appeal from the order of the Adams district court, it cannot be reversed in this ease. It stands as a valid order, and cannot be the ground of complaint in this case. These views dispose of all questions in the case. The order and judgment of the court below are AE'I’IRMRP,