thereon should be brought in the county where defendants resided: Ind. Sch. Dist. of Mason City v. Reichard, 39-168. Where plaintiff agreed to lay a railroad track for defendant in Lucas Co., and defendant agreed to deliver iron and material for laying the track at the end thereof, and pay plaintiff any damage sustained by reason of delay in finishing the grade, held, that as damages for delay, etc., the action could not be brought in Lucas Co., as the place of performance of the contract, but semble that as to damages for not delivering iron, etc., at end of track, action might be brought in that county, under this section: Man- This section is permissive and not This section only applies to cases where personal service is had upon defendant within the state. If the proceedings are by attachment against a non-resident defendant, suit can only be brought where the property is attached. (§ 2580): Hedrick v. Brandon, 9–319. For similar provision in actions before a justice, see § 3513. SEC. 2582. Actions may be brought against railway corpora- Common cartions, the owners of mail stages, or other line of coaches or cars, rier. A. ch. 169 including express companies, car com a ies, telegraph and canal 8. companies, and the lessees, companies, or persons operating the 12 G. A. ch. 172, same, in any county through which the line or road thereof passes, 14 G. A. ch. 95 or is operated. A railway corporation has a resi- | acts business: Baldwin v. M & M. dence in the counties through which R. Co., 5-518; Richardson v. B. & M. the road passes and in which it trans- | R. R. Co., 8-260. 82. 21. of railways 14 G. A. ch. 95, SEC. 2583. An action may be brought against any corporation Construction company, or person, engaged in the construction of a railway, telegraphs or telegraph line, or canal, on any contract relating thereto, or to canals. any part thereof, or for damages in any manner growing out of 21. the work thereon, in any county where such contract was made, or performed in whole or in part, or where the work was done out of which arose the damage claimed. panies. Same, 28. SEC. 2584. Insurance companies may be sued in any county Insurance comin which is kept their principal place of business, in which Was made the contract of insurance, or in which the loss insured against occurred. out of. SEC. 2585. When a corporation, company, or individual, has office : agency ; an office or agency in any county for the transaction of business, suits growing any suits growing out of or connected with the business of that R. 22801. office or agency may be brought in the county where such office, 31705. or agency is located. This section is permissive and not mandatory. The suit, if against a non-resident, may be brought in the usual manner of commencing actions against non-residents: Dean r. White, 5-266; and if against a railway corporation, may be brought in any county through which the rail way passes: See § 2582 and notes. The sect on merely fixes the county in which suit shall be brought; it does not define the manner in which jurisdiction over the person is to be acquired. (See §§ 2612, 2613): Centennial, etc., Ass'n v. Walker, 50-75. See, also, Milligan v. Davis, 49-126. dence. 14 G. A. ch. 61 SEC. 2586. Except where otherwise provided herein, personal Place of resiactions must be brought in a county wherein some of the defend- R. 4 2800. ants actually reside. But if none of them have any residence C. 51, 1701. within this state, they may be sued in any county wherein either of them may be found. But in all actions upon negotiable paper, except when made payable at a particular place, in which any maker of such paper, being a resident of the state, is made defend Same. ant, the place of trial shall be limited to a county wherein some one of the makers of such paper resides. The fact that an attachment is sought against property in another county than that of defendant's residence will not change the rule as to the place of bringing suit: Gates v. Wagner, 46–355. A personal action may be brought | 7-465. in the county where one of the defendants resides and the fact as to whether the petition is sufficient to entitle the plaintiff to recover against such defendant cannot be determined on a motion for change of venue to the county where other defendants The fact that the defendant is a reside: Armstrong v. Borland, 35-resident of another state will not defeat the jurisdiction of our courts: Swan v. Smith, 26–87. 537. Previous to the enactment of the clause in relation to negotiable paper it was held, that when a joint action was brought against the maker and indorsers of a note it might properly be brought in the county where an indorser resided: Stout v. Noteman, 30-414; and that the fact that guarantors or indorsers become parties to the note subsequent to the maker, if in good faith, would not change the rule: Troy, etc., Mill Co. v. Bowen, A person who, having relinquished his residence in one county, is in the act of removing to another with intent of residing within the latter, has not " a residence within this state,' and may be sued in any county where found. The meaning of residence as here used is more precise and limited than that of domicile: Cohen v. Daniels, 25-88. SEC. 2587. Where an action embraced in the preceding section is against several defendants, some of whom are residents and others non-residents of the county, and the action is dismissed as to the residents, or judgment is rendered in their favor, or there is a failure to obtain judgment against such residents, such non-residents may, upon motion, have said cause dismissed with reasonable compensation for trouble and expense in attending at the wrong county, unless they, having appeared to the action, fail to object before judgment is rendered against them. SEC. 2588. If, after the commencement of an action in the Change of resi county of the defendant's residence, he remove therefrom, the dence after suit service of notice upon him in another county shall have the same effect as if it had been made in the county from which he removed. brought. SEC. 2589. If a suit be brought in a wrong county, it may there be prosecuted to a termination, unless the defendant, before answer, demand a change of place of trial to the proper county. In which case the court shall order the same at the cost of the plaintiff, and may award the defendant a reasonable compensation for his trouble and expense in attending at the wrong county. And if the sum so awarded, and costs, are not paid to the clerk by a time to be fixed by the court, or if the papers in such case are not filed by the plaintiff in the court to which the change is ordered ten days before the first day of the next term thereof, or if ten days do not intervene between the making of said order and the first day of the next term of said court, ten days preceding the first day of the next succeeding term thereof, in either event the action shall be deemed to be discontinued. On the hearing of an application of a defendant for the transfer of an action to another county upon a showing that it is his place of residence, the plantiff should be allowed to make a counter showing on that question: Turner v. Maddox, 6-489. This section has no application where an action is improperly changed to another county under the next section. In such case plaintiff does not waive the remedy by going to trial in the wrong county: Ferguson e. Daris Co., 51-220 Default having been set aside and defendant granted a certain time to answer, held, that an application for a change of place of trial under this section, made after the expiration of the time given to answer was too late: First Nat. Bank of Muscatine v. This section does not apply to ac- As bearing upon this section, see CHAPTER 5. OF CHANGE IN PLACE OF TRIAL. SECTION 2590. A change of the place of trial, in any civil ac- When grantel. tion, may be had in any of the following cases: R. 2 2803. 13. 1. Where the county in which the action is pending is a party 13 G. A. ch. 167, thereto, if the motion is made by the party adversely interested, and the issue be triable by jury; 2. Where the judge is a party, or is directly interested in the action, or is connected by blood or affinity with any person so interested nearer than the fourth degree; 3. Where either party files an affidavit verified by himself and three disinterested persons, not related to the party making the motion nearer than the fourth degree, nor standing in the relation of servant, agent, or employe of such party, stating that the inhabitants of the county, or the judge, is so prejudiced against him, or that the adverse party or his attorney has such an undue influence over the inhabitants of the county, that he cannot obtain a fair trial; 4. By the written agreement of the parties, and their attor neys; Changes lin 5. If the issue is one triable by jury, and it is made apparent to the court or judge that a jury cannot be obtained in the county where the action is pending, then, upon the application of either party, a change of place of trial shall be granted to the nearest county in which a jury can be obtained. Provided, however, that not more than two changes to either party of the place of trial Number of shall be allowed for any of the causes enumerated in this section; ited. nor shall a change of venue from the county be allowed in case of appeal from a justice of the peace; nor shall a change of the place of trial be allowed when the issue can only be tried to the court, for any objection to the inhabitants of the county, or for the objection that the adverse party or his attorney has such an undue influence over the inhabitants thereof, that he cannot obtain a fair trial; and, provided, that after any change of venue has been taken as herein provided, and a trial had and the jury been discharged or a new trial has been granted them, a subsequent change of venue may be taken for any of the causes mentioned in said section. [As amended by 17th G. A., ch. 118, which added the provisos.] when made. R. 22801. C. 51, 1708. A change of venue cannot be granted on application of a stranger to the action, who has applied tor, but not yet obtained leave to intervene: Barkduli v. Callanan, 33–391. The provisions of this section are applicable in a special proceeding to disbar an attorney: The State v. Clark, 46-155. IN GENERAL: Where a party seeking a change brings himself within the provisions of the statute, it is error to refuse the application. The court has not in civil cases the discretion confided to it in criminal cases by $$ 4368, 4374: Turner v. Hitchcock, 20-310; Miller v. Laraway, 31538; Jones v. C. & N. W. R. Co., 56-68; Moorman v. Moorman, 39– 460. But the court may protect itself from imposition, and ti ough the affidavit be in due form it may require the disinterested persons to be produced, and in a case where they were not found and information concerning them was refused and other PAR. 3. An affidavit of witnesses suspicious circumstances were shown, that they "verily believe" that preheld, that the application for change, judice on part of the judge exists, is though sufficient in form, was proper-sufficient: Jones v. C. & N. W. R. ly overruled: Davis v. Rivers, 49435. Unless the contrary appears from the record, the action of the court in granting a change will be presumed correct: Ramsey v. Bush, 27-17. PAR. 1. The fact that under s ction 3370 the penalty recovered in an action on a bail bond goes into the county school fund does not make the county a party to such action so as to be a ground for change of venue: The State v. Merrihew, 47-112. Co., 36-68; and the facts showing such prejudice need not be stated: Turner v. Hitchcock, 20–310. An application for change on the gro nd of prejudice of the judge not made until after a continuance is had, After an unconditional change is is too late when it does not appear granted, the court in which the cause that the grounds therefor were not was pending has no further jurisdic-known prior to the continuance: tion: Campbell v. Thompson, 4 Gr. 415; Farr v. Fuller, 12-83; but it may by consent of parties re-docket the cause and proceed to trial thereof: Eckles v. Kinney, 4–539. Finch v. Billings, 22-228; and see cases under next section. Where the application is not supported by affidavits of "three disinterested persons "as here required it should be overruled: Ferguson v. Daris Co., 51-220. Counter affidavits cannot be presented as provided in criminal cases: Jones v. C. & N. W. R. Co, :6–68. Where a party has duly objected to a change of venue being granted, he does not waive such objection by appearing in the court to which the causes changed and going to trial: Jones r. C. & N. W. R Co., 36-65; PAR. 4. The written agreement reMcCracken v. Webb, 36-551; Fergu-ferred to in this paragraph will be son r. Davis Co., 51-220. sufficient if signed by the parties or Where a change is improperly their attorneys. The signatures of granted, prejudice therefrom will be both parties and attorneys is not esconclusively presumed: Ferguson v.sential: Oltrogge v. Schutte, 51-279. Da is Co., supra. SEC. 2591. The application for a change of place of trial mav To whom and be made either to the court or to the judge in vacation, and, if made in term time, shall not be awarded until issue be made up unless objection be to the court; nor shall such application be allowed after a continuance, except for a cause not known to the affiant before such continuance; and after one change, no party is entitled to another for any cause in existence when the first change was obtained. have a second, except for a cause not existing when the first was granted: Schaentgen v. Smith, 48-359. A change cannot be allowed after a continuance: Dean v. White, 5-266; Ferguson r. Davis Co., 51-220, unless the affidavit of the change state that A change should not be granted in the cause for which it was asked was vacation unless notice of the applicanot known to the applicant before tion therefor has been given the opsuch continuance: McCracken . posite party as provided in § § 2914, Webb, 36-551; Finch v. Billings,2915: Preston v. Winter, 20-264; 22-223. Loomis v. McKinzie, 31–425. After one change a party cannot It cannot be determined until the issues are made up whether "the issue can only be tried to the court, and an application for change on ac.count of prejudice of the people of the county cannot therefore be made 7 2805. SEC. 2592. The place of trial shall be changed to some other To what county county in the same district or circuit, unless the objections are to or court. the judge, or the objections made appear from the affidavits to C. 51.41707. exist as to all the other counties in the district, and shall be to the 12 G. A. ch. 86, most convenient county to which no objection is made. When- 14 G. A. ch. 167, ever the change shall be granted on account of the prejudice or disability of the judge, the action shall be transferred to the district or circuit court of the same county, unless objections exist as to both the judges, in which case it shall be transferred to the most convenient county in some other district or circuit. the relative distance of different coun ties. And where nothing is shown When the objection is to the judge, 814. The most convenient county" is not necessarily the one nearest in point of distance. The question as to which county is most convenient must be determined to some extent by the peculiar circumstances of each case, taking into account the distance of parties and witnesses, the convenience of attorneys, and the prospect of reaching a speedy trial, as well as SEC. 2593. If an application for the change is made in vacation, How made dur five days notice of the same, with a copy of the affidavit, shall be R. 2806. ing vacation. served on the adverse party or his attorney; and if the judge C. '51, è 1709. grant the change, he shall forthwith transmit his order to the clerk, together with all the papers used before him. sequences of R. 2807, 2810. C. 51, 2 1710. SEC. 2594. If the order for the change is granted in vacation, When deemed the same must be perfected by noon of the second day after the ends you order is received by the clerk, and, if granted during term time, failure. the same must be perfected by the morning of the second day thereafter or before the cause is reached for trial, if sooner reached, or such change, whether granted in term or vacation, will be deemed waived and the cause tried as though no such order had been granted. When the change has been perfected or agreed to by the parties, the clerk must forthwith transmit to the clerk of the proper court, strongly enveloped and sealed, a transcript of the record and proceedings, with all the original papers, having first made out and filed in his office authenticated copies of such original papers; but, if less than all of several plaintiffs or defendants take such change, the original papers shall not be so transmitted, but a copy thereof. And as to those who take no change, the cause shall proceed as if none had been taken, except that if the place of trial is changed to a court in the same county, no transcript or copies shall be made out, but the original papers shall be transmitted. If costs are not paid within the time provided, a subsequent payment will not effect the change: Stryker v. Rivers, 47-108, 110. they are paid before any action is The provisions of this section as to In case of a change granted during the time within which the change is term, the payment of costs during to be perfected, do not apply to cases the second day after the granting of where the venue is changed by agreethe order, though not by the morning ment of the parties: Carroll Co. v. of that day, will be sufficient, provided | Am. Em. Co., 37–371. |