201 N.W. 298 | Minn. | 1924
The motion of the defendant to change the place of trial was denied. The grounds of the motion were that the convenience of witnesses and the ends of justice would be promoted by the change. See G.S. 1913, § 7723; Dunnell, Minn. Dig. § 10127, and cases cited.
The action was commenced in August, 1924. Issue was joined by the service of a reply on September 8, 1924, and thereupon the case was noticed for trial at the term of court commencing on November 24, 1924. The motion to change the place of trial was made on eight days' notice and was returnable on November 17.
The action is for personal injuries occurring in the defendant's yards in Duluth. The plaintiff lives there. The witnesses, with the exception of certain medical witnesses for the defendant, are residents of Duluth, or of Superior, immediately across the bay, in Wisconsin. Pope county is 200 miles away.
The court denied the motion for the reason that it was not seasonably made. If it had been made promptly, and granted, the action would have been for trial at the November, 1924, term at Duluth. Now, if the trial is at Duluth, it can be had not earlier than the January, 1925, term, and will not be reached earlier than February 1, 1925. The facts, delay aside, justify changing the place of trial. Apparently that was the view of the trial court. The holding of the trial court that the motion was not seasonably made, and that is the basis of the order denying it, is sustained and there was no abuse of discretion. Dunnell, Minn. Dig. §§ 10126, 10127.
2. In State v. District Court of Waseca County,
Order to show cause discharged.