(Download) "Kimberlin v. Rutliff." by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Kimberlin v. Rutliff.
- Author : Colorado Supreme Court
- Release Date : January 26, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
We think the court erred in denying the motion for change of venue. The contract is silent as to place of performance. In that situation the code provision relative to the right of trial in the county where the contract is to be performed is not applicable. Such provision has reference to contracts which by their terms are to be performed at a particular place. Code 21, § 29; Lamar Co. v. Bishop, 80 Colo. 369, 250 Pac. 689; People, ex rel. v. District Court, 74 Colo. 121, 218 Pac. 1047; People, ex rel. v. County Court, 72 Colo. 395, 211 Pac. 102; People, ex rel. v. District Court, 66 Colo. 330, 182 Pac. 7; Brewer v. Gordon, 27 Colo. 111, 59 Pac. 404. The further allegation that the contract was negotiated in Pueblo county is likewise without significance. Brewer v. Gordon, supra. It follows that in determining the question of place of trial the court was not at liberty to give consideration to the emphasized allegations in the complaint. The record considered, the action must be regarded as personal and held to be triable in the county of the defendants residence. Code 21, § 29; MaxwellChamberlin Motor Co. v. Piatt, 65 Colo. 140, 173 Pac. 867.