163 P. 1149 | Mont. | 1917
delivered the opinion of the court.
Mandamus. On November 17, 1916, John Woodward, Lester Woodward and Roy Woodward, as copartners, brought an action in the district court of Madison county against George W. Melton and N. E. Foster. The complaint states two causes of action, one for damages for trespass upon land situate in Madison county, and the other for damages to personal property while the same was in Madison county. • The defendants both reside in Beaverhead county and were served with summons there. On their appearance in the action the defendants filed an affidavit of merits and a motion for the transfer of the cause to Beaverhead county for trial. The motion was sustained and the cause transferred. Thereupon application was made to this court for a writ of mandamus directing the district court and
The alternative writ is vacated and the application dismissed.
Dismissed.