Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1931-05-07
Approved April II, 1881.

IueVelOpHleuL Ol SUCH Sldle-OWHeu
property"
Approved April II, 1881.
CHAPTER 1871. F. No. 81.
AN ACT to amend Mas0n's Mime
sofa Statutes of 1927, Section liz.
relating to District Court, st.
Louis County, Minnesota.
Be it enacted by the Legislature of
the State of Minnesota:
Section 1. That Mason's Mime
sofa Statutes of 1927. Section 172.
be and the same hereby is amended
to read as follows:
"172. MMONS-PLACE
OF TRIAL-Any party wishing to
have any appeal from an order Of the
Railroad and Warehouse Commits
sion, any election contest, lien fore
closure, or any civil cause or proceed
ing of any kind commenced or ap-
pealed by him in said Court. tried in
said City of Virginia, shall in the
summons, Notice of Appeal in such
matters, or other jurisdictional in
strument issued therein, in addition
to the usual provisions, print, stamp
or write thereon the words ito be
! tried at the City of Virginia." and
any party wishing any such mat
ter commenced or appealed by him in
said Court tried at the Village of
Hibbing, shall in the summons, No
| tice of Appeal in such matters, or
other jurisdictional instrument issued
therein, in addition to the usual pro-
visions, print, stamp or write there
on the words ito be tried at the Viii
lage of Hibbing,' and any party
wishing any such matter commenced
or appealed by him in said Court
tried at the City of Ely, shall in
the summons, Notice of Appeal in
such matters, or other jurisdictional
instrument issued therein, in addi-
ton to the usual provisions, print,
stamp or write thereon the words, ito
be tried at the City of Ely and in
all cases where any summons. Notice
of Appeal in such matters, or other
jurisdictional instrument contains
any such specifications, the case shall
be tried at said City of Virginia or
the Village of Hibbing or City of Ely.
as the case may be, unless the de-
PENDANT shall have the place of trial
fixed in the manner hereinafter set
out
If the place of trial designated is
not the proper place of trial, as
specified in this act, the cause shall
nevertheless be tried in such place,
unless the defendant, in his answer
in addition to the other allegations
of defense, shall plead the location
of his residence, and demand that
such action be tried at the place of
holding said court nearest his resi-
dence as herein provided; and in any
case where the answer of the de-
PENDANT pleads such place of resi-
dence and makes such demand of
place of trial, the plaintiff in his re-
ply, may admit or deny such allega-
tions of residence, and if such allie
cations of residence be not expressly
denied, such case shall be tried at the
place so demanded by the defendant,
and if the allegations of residence
be so denied, than the place of trial
shall be determined by the Court on
motion.
If there are several defendants.
residing at different places in said
county, the trial shall be at the
place which the majority of such de-
PENDANTS unite in demanding, or if
the numbers are equal, at the place
nearest the residence of the ma
jority.
Provided, that the venue of any
such action may be changed from
any one of said places to any other,
by order of the Court, in the follow
ling cases:
l. Upon written consent of the
parties.
2. When it is made to appear on
motion, that any party has been
made defendant for the purpose
of preventing a change of venue as
provided in this section.
j. When an impartial trial cannot
be had in the place where the action
is pending; or
4. When the convenience of wit
nesses and the ends of Justice would
be promoted by the change.
Application for such change under
subdivisions 2, 3. or 4, shall be made
by motion which shall be returnable
and heard at the place of commence
ment of the action"
Sec. 2. This act shall take effect
and be in force from and after it's
passage.
ADDrOVed Anri1 10 1921