State ex rel. Peterson v. District Court

STATE EX REL. CHRISTIAN A. PETERSON v. DISTRICT COURT OF PINE COUNTY AND OTHERS

State ex rel. Peterson v. Dist. Court, 169 N.W. 420 (Minn. 1918)

Court: Supreme Court of Minnesota · State Highest Courts
Decided: November 15, 1918
Docket: No. 21,182
Citations: 169 N.W. 420141 Minn. 4911918 Minn. LEXIS 424
Disposition: Peremptory writ granted.

Cited by 5 1 descriptions by later courts

Headnotes

Venue. An action for specific performance of an executory contract of sale of land is properly triable in the county where defendant resides. 'State ,v. District Court of Pennington County, 138 Minn. 336, 164 N. W. 1014, so held where the action was brought by the vendee. The same rule applies where the action, as in this case, is brought by the vendor. Peremptory writ of mandamus granted to change place of trial in accordance with this rule. [Reporter.]

Summary

Upon the relation of Christian A. Peterson the supreme court granted its order directing the district court for Pine county and the Honorable Jasper N. Searles, judge thereof, to show cause why a peremptory writ of mandamus should not be granted to reverse the order of that court denying relator’s motion to strike from the calendar of the Pine county court the case of Webb v. relator, and to transmit the papers and flies in that action to the district court for Lyon county.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Plaintiff contracted to sell and defendant contracted to buy a half section of land located in Pine county. Defendant defaulted in his payments and plaintiff brought this action in Pine county for specific performance of the contract and asked to have defendant’s interest in the land sold to pay the amount found due under the contract. Defendant is a resident of Lyon county and duly made demand that the place of trial be changed to Lyon county. The district court of Pine county having refused to strike the case from the calendar of that county and transfer it to Lyon county, defendant applied to this court for a peremptory writ of mandamus commanding the district court to transfer the case to Lyon county.

In State v. District Court of Pennington County, 138 Minn. 336 , 164 N. W. 1014 , it was hela that an action for the specific performance of an executory contract for the sale of real estate was not wholly local and was properly triable in the county in which the defendant resided. It is true that in that case the action was brought by the vendee while in this case it is brought by the vendor, but we see no good reason why the same rule as to place of trial should not apply in both cases, and hold that this case is controlled by that decision. Let a peremptory writ issue.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(holding a seller’s action for specific enforcement of a contract for the sale of real estate is not wholly local and is properly triable in the county in which the defendant resided)

Truck South, Inc. v. Patel, 503 S.E.2d 774 (S.C. Ct. App. 1998)

Cited by 5 cases

View all citing references →

Relies on it most ⓘ

Truck South, Inc. v. Patel503 S.E.2d 774 (S.C. Ct. App. 1998)
State ex rel. Nyquist v. District Court of Swift County205 N.W. 284 (Minn. 1925)
McMullen v. McMullen122 So. 2d 626 (Fla. Dist. Ct. App. 1960)
Winegar v. Martin182 N.W. 513 (Minn. 1921)
State ex rel. Smith v. District Court277 N.W. 353 (Minn. 1938)

Most recent

Truck South, Inc. v. Patel503 S.E.2d 774 (S.C. Ct. App. 1998)
McMullen v. McMullen122 So. 2d 626 (Fla. Dist. Ct. App. 1960)
State ex rel. Smith v. District Court277 N.W. 353 (Minn. 1938)
State ex rel. Nyquist v. District Court of Swift County205 N.W. 284 (Minn. 1925)
Winegar v. Martin182 N.W. 513 (Minn. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	State ex rel. D. S. B. Johnston Land Co. v. Dist. Court, 164 N.W. 1014 (Minn. 1917)	14

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