225 N.W. 915 | Minn. | 1929
From the petition and the return it appears that defendant is a foreign corporation authorized to and doing business in this state, having the main and head office in Minneapolis, and having no office, agent, place of business, bus or bus line in the county of Otter Tail; that plaintiff's cause of action is predicated upon a collision with defendant's bus in the state of Wisconsin; and that defendant's officers, agents, books and records are in Hennepin county, making it a matter of considerable inconvenience for defendant to try the action in Otter Tail county. The district court denied a motion to transfer the cause from the last named county to the county of Hennepin, defendant having previously made a demand for such change under G. S. 1923 (2 Mason, 1927) § 9215.
Plaintiff laid the venue in Otter Tail county, relying upon this provision found in G. S. 1923 (2 Mason, 1927) § 9214, relating to venue:
"If none of the parties shall reside or be found in the state, or the defendant be a foreign corporation, the action may be begun and tried in any county which the plaintiff shall designate. A domestic corporation other than railroad companies, street railway companies * * * shall be considered as residing in any county wherein it has an office, resident agent or business place." *74
Defendant cannot be brought within the concluding sentence of the section as properly suable in Otter Tail county, for its transportation line does not reach that county.
Olson v. Osborne Co.
Let a peremptory writ of mandamus issue as prayed. *75