287 N.W. 875 | Minn. | 1939
"Ordered, that the clerk of the district court of Ramsey County, Minnesota, return all the files in the above entitled action to the clerk of the district court of Pine County, Minnesota, forthwith upon the expiration of the stay herein, unless an appeal is taken, or unless there be a further order of this court." *359
Thereupon relator obtained from this court an order to show cause why a peremptory writ of mandamus should not issue directing the district court of Ramsey county and the judges thereof to retain the files and records of said cases in Ramsey county.
The venue statute was amended by L. 1939, c. 148. The title of the act is: "An act fixing venue of cases arising out of the negligent management, operation and control of motor vehicles, in certain cases."
"Section 1. That an action against the owner, driver or operator of any motor vehicle arising out of and by reason of the negligent driving, operation, management and control of said motor vehicle may be brought in the county where the action arose or in the county of the residence of the defendant or a majority of the defendants against whom such action is brought and when so brought the venue of such action shall not be changed without the written consent of the plaintiff filed with the court or unless changed by order of the court pursuant to Section 9216 of Mason's Minnesota Statutes of 1927.
"Sec. 2. All acts or parts of acts now in effect inconsistent with the provisions of this act are hereby superseded, modified or amended to conform to and give full force and effect to the provisions of this act.
"Approved April 8, 1939."
Relator contends that statutes should not be given a retroactive effect, and that venue is a valuable right of which he should not be deprived by construction. When these actions were begun the above statute was in force and determined the venue. A mere reading of the statute indicates an intention to have it apply to the venue of every case within its terms commenced after its enactment, no matter when the cause of action arose. Venue as a matter of procedure does not arise until an action is started. Insofar as prior statutes relating to venue were out of harmony with c. 148 they were amended or superseded so as to conform to it. We have been cited to no decision holding venue a substantive *360
right. 6 Dunnell, Minn. Dig. (2 ed. Supps.) § 8946, states: "Statutes affecting remedies are presumptively applicable to all actions, — those already accrued and those of the future." Goben v. Akin,
The order to show cause is discharged.