State ex rel. Hagan v. District Court of Ramsey County

• Decision Date: 26 June 1903
• Docket Number: 13,574 - (200)
• Citation: 95 N.W. 591,90 Minn. 118
• Parties: STATE ex rel. OLE A. HAGAN v. DISTRICT COURT OF RAMSEY COUNTY and Others
• Court: Minnesota Supreme Court

95 N.W. 591

90 Minn. 118

STATE ex rel. OLE A. HAGAN v. DISTRICT COURT OF RAMSEY COUNTY and Others

Nos. 13,574 - (200)

Supreme Court of Minnesota

June 26, 1903

Order to show cause directed to the district court for Ramsey county and the judges and clerk thereof, issued from the supreme court upon petition of relator for a peremptory writ of mandamus. Writ granted.

SYLLABUS

County of Columbia.

After the proclamation of the Governor to that effect, the county of Columbia was a de facto organized county until its organization was declared illegal by this court in State v. Larson, 89 Minn. 123.

Change of Venue -- Mandamus.

Rule followed, that the filing of the proper affidavit and demand for a change of the place of trial of an action to the proper county, with proof of service thereof, ipso facto changes the place of trial.

H. W Stark, Holston & Hagen, Ira B. Mills, and Ernest B. Mills for relator.

C. H. Biorn, for respondents.

OPINION

PER CURIAM.

Order to show cause why a peremptory writ of mandamus should not issue, directing the respondents to transfer all the papers and files in the case of Severine Hagan against Ole A. Hagan, originally commenced in the district court of the county of Ramsey, to the district court of the county of Polk.

There is no substantial dispute as to the facts. The defendant in the action, before the time for answering expired, made his affidavit to the effect that at the time the summons was served on him and at the time of making the affidavit he was an actual resident of the county of Columbia, and duly demanded that the trial of the action be had in the county of Columbia, and filed the affidavit and demand, with proof of service thereof, on February 14, 1903, in the office of the clerk of the district court of the county of Ramsey. The clerk thereof refused to transfer the papers and files in the action to the district court of the county of Columbia. Thereafter the plaintiff in the action noticed it for trial in the district court of the county of Ramsey, and placed it upon the calendar, and that court denied the motion of the defendant to strike the case from the calendar and set the case for trial.

The only claim made by respondents, meriting consideration, in support of the jurisdiction of the district court of the county of Ramsey to retain and try the cause, is the fact that this court, on April 16, 1903, in the case of State v. Larson, 89 Minn. 123, 94 N.W. 226, adjudged the organization of the county of Columbia invalid. The county however, was, from the date...