202 N.W. 482 | Minn. | 1925
On the first day of the Nicollet county term plaintiff appeared and moved that the case be stricken from the calendar and that the court direct the return of the files to Renville county. The motion was denied and she then obtained this alternative writ. These facts are made to appear by the writ and return thereto, and respondents have moved that the writ be discharged. The motion must be granted for these reasons:
1. Under section 9181, G.S. 1923, additional parties may be brought in upon the motion of the plaintiff or the motion of a defendant who has alleged a counterclaim or other grounds for affirmative relief. Here, the additional parties came in of their own motion. It would have been better practice if they had served complaints in intervention under section 9263, G.S. 1923. But neither this section nor section 9181 curtails the inherent power of the district court to bring other parties before it, a power which may be exercised on the court's own motion whenever it is necessary for the complete administration of justice. 20 R.C.L. p. 696. Since the court might have directed that additional parties should be brought in, there is no reason why they should not be allowed to come in voluntarily. Smith v. City of St. Paul,
2. The action was brought in the proper county. Coming into it voluntarily, the new defendants were not entitled to a change of venue as a matter of right. Healy v. Mathews,
The demand for a change of venue did not come too late, although the summons had been served on the original defendants more than 20 days theretofore. If plaintiff had served the amended summons on the new defendants as directed by the court, the demand might have been made at any time within 20 days thereafter. By failing to serve the summons, plaintiff could not deprive these defendants of the right to demand a change of the place of trial.
Writ discharged.