26 P.2d 355 | Nev. | 1933
The mere fact that a party may allege that he is a resident of another county than the one in which the *100 complaint is filed is not, in itself, sufficient to warrant the court in ordering a change of venue, but the other party has a right to disprove the allegation that defendant is or was a resident of another county at the time the action was filed.
We respectfully urge that the allegations of the affidavit of the defendant in support of her motion for change of venue on the ground that she could not obtain a fair and impartial trial in Lander County are not sufficient without further proof to warrant the court in ordering change of venue on that ground. Noonan v. Luther,
I submit that in the present matter no error appears from the record, and the lower court should be presumed to have been justified in issuing the order appealed from. Water Co. v. Belmont,
On the day set for the hearing the plaintiff did not appear either by counsel or in person. The defendant appeared both in person and by counsel. On the hearing she gave testimony in support of her motion. The testimony is not before us, hence we must presume that it was sufficient to justify the court in granting the motion for a change of venue.
The order appealed from is affirmed. It is further ordered that remittitur issue instanter. *102