State ex rel. Helmes v. District Court of Ramsey County
| Decision Date | 24 November 1939 |
| Docket Number | 32331. |
| Parties | STATE ex rel. HELMES v. DISTRICT COURT OF RAMSEY COUNTY et al. |
| Court | Minnesota Supreme Court |
Mandamus proceeding by the State of Minnesota, on the relation of Leslie C. Helmes, against the District Court of Ramsey County, Minn., and others, to compel the District Court of Ramsey County and the Judges thereof to retain the files and records of certain cases in Ramsey County.
Order to show cause discharged.
Syllabus by the Court .
Chapter 148, L.1939, relates to procedure, fixing venue in actions arising out of negligent driving, operation, management and control of any motor vehicle by its owner, driver or operator, and applies to actions brought subsequent to the enactment even though the cause of action accrued prior thereto.
Chas. H. Weyl, of St. Paul, for relator.
S Bernhard Wennerberg, of Center City, for respondents.
On trunk highway No. 61 in Pine County, this state, a collision occurred October 3, 1937, between an automobile owned and driven by relator and one owned and driven by Charles Sandon. Sandon's wife was riding in his car. Both sustained injuries in the collision. In July, 1939, the Sandons brought separate actions against relator in the district court of Pine county, alleging that the injuries suffered were caused by relator's negligent operation and management of his car in Pine county. Within the proper time relator filed an affidavit that he was a resident of Ramsey county, and requested a change of venue to the county of his residence. The clerk of the district court of Pine county promptly transmitted the files to the clerk of the district court of Ramsey county. Thereupon each of the Sandons moved the court of Ramsey county to return the files to the district court of Pine county. The court, Judge Clayton Parks, filed an order in each case September 5, 1939, reading: ‘ Ordered that the clerk of the district court of Ramsey County Minnesota, return all the files in the above entitled action to the clerk of the district court of Pine County, Minnesota forthwith upon the expiration of the stay herein, unless an appeal is taken, or unless there be a further order of this court.’ Thereupon relator obtained from this court an order to show cause why a peremptory writ of mandamus should not issue directing the district court of Ramsey county and the judges thereof to retain the files and records of said cases in Ramsey county.
The venue statute was amended by L. 1939, c. 148. The title of the act is ‘ An act fixing venue of cases arising out of the negligent management, operation and control of motor vehicles, in certain cases.’
‘ Section 1. That an action against the owner, driver or operator of any motor vehicle arising out of and by reason of the...
To continue reading
Request your trial