DocketNumber: No. 28,968.
Citation Numbers: 241 N.W. 681, 185 Minn. 501, 1932 Minn. LEXIS 799
Judges: PER CURIAM.
Filed Date: 3/11/1932
Status: Precedential
Modified Date: 10/19/2024
Relator claims that the moving papers on which the court's remanding order is based are defective in not stating as a basis for relief that the ends of justice would be promoted by the change of venue sought. The motion to remand was based upon an accompanying affidavit made a part of the moving papers. A subsequent affidavit filed with the court stated that the ends of justice would be best served by remanding the case to Aitkin county. Criticism is also made of the form of the affidavit showing what the plaintiff's witnesses are expected to testify to in that it does not declare that plaintiff intends to call such witnesses. The affidavit states the character of the testimony which the witnesses are able to give and that they are necessary and material and that without them plaintiff cannot safely go to trial. Other matters are stated in the affidavit which tend to show that the ends of justice will be promoted by a trial in Aitkin county. It would be an extremely technical construction of these moving papers which would hold them insufficient to sustain the court's discretion in ordering the case remanded to Aitkin county. The court's order is amply sustained.
The alternative writ of mandamus is discharged and the case remanded. *Page 503