Barkman v. Quam

3 Citing cases

  1. Porth v. Glasoe

    522 N.W.2d 439 (N.D. 1994)   Cited 7 times

    Although this Court has not comprehensively defined the phrase "ends of justice," we have outlined some factors to be considered, including the consequences of a change of venue on expediting the trial and reducing expenses, Stonewood Hotel, 447 N.W.2d at 289; Wolfson, 201 N.W. at 831; Curren, 170 N.W. at 875, and the desirability or necessity of a view by the jury. See Barkman v. Quam, 123 N.W.2d 824 (N.D. 1963). Other courts have also referred to the advantage of having jurors from the witnesses' vicinity pass upon the witnesses' credibility, the necessity of testimony by depositions if the motion is not granted, the location, accessibility, and availability of documentary evidence, and the parties' financial ability to transport witnesses. See Annot., Construction and Effect of Statutory Provision for Change of Venue for the Promotion of the Convenience of Witnesses and the Ends of Justice, 74 A.L.R.2d 16, § 6 (1960); 77 Am. Jur.2d, Venue, § 65 (1975).

  2. Jamestown Plumb. Heating Co. v. City of Jamestown

    189 N.W.2d 656 (N.D. 1971)   Cited 4 times

    A decision on a motion for change of place of trial has been held to be within the sound discretion of the trial court and will not be disturbed on appeal unless an abuse of discretion is shown. Curren v. Story, 41 N.D. 361, 170 N.W. 875 (1918); Springer v. Paulson, 72 N.D. 560, 9 N.W.2d 440 (1943); Sand v. Queen City Packing Co., 108 N.W. 448 (N.D. 1961); Barkman v. Quam, 123 N.W.2d 824 (N.D. 1963). Here, the plaintiff moved for change of place of trial on the ground that an impartial trial could not be had in Stutsman County, and specifically requested that the place of trial be changed from Stutsman County to Burleigh County. The trial court granted the motion for change of place of trial, but transferred the case to Barnes County. The mere fact that the court did not send the case to the county designated by the plaintiff in its motion was not an abuse of discretion.

  3. Bartholomay v. St. Thomas Lumber Company

    124 N.W.2d 481 (N.D. 1963)   Cited 7 times
    In Bartholomay, Gordon Bartholomay had sued John Quam and St. Thomas Lumber Company in Cass County. The defendants demanded a change of venue to Pembina County, Quam's residence and the principal office of St. Thomas Lumber Company. Bartholomay then moved under N.D.C.C. § 28-04-07(3) for a change of venue either to Cass County or to Traill County. He supported his motion with an affidavit of his attorney stating many of his witnesses would be convenienced by a change of venue.

    A motion for the change of place of trial for the convenience of witnesses and to promote the ends of justice always is addressed to the sound judicial discretion of the trial court and the appellate court will not interfere unless an abuse of discretion is shown. Curren v. Story, 41 N.D. 361, 170 N.W. 875; Robertson Lumber Co. v. Jones, 13 N.D. 112, 99 N.W. 1082; Kramer v. Heins, 34 N.D. 507, 158 N.W. 1061; Wolfson v. Schieber, 52 N.D. 165, 201 N.W. 830; McConnon Co. v. Sletten, 55 N.D. 388, 213 N.W. 483; Kiley v. Meckler, 57 N.D. 217, 220 N.W. 926; Crosby v. Minneapolis, St. P. S. S. M. Ry. Co., 57 N.D. 447, 222 N.W. 476; Moen v. Melin, 59 N.D. 582, 231 N.W. 283; Ott v. Kelley, 64 N.D. 361, 252 N.W. 269; Kinzell v. Payne, 64 N.D. 383, 252 N.W. 624; Gessner v. Benson, N.D., 79 N.W.2d 152; Hovland v. Waller, N.D., 98 N.W.2d 893; and Barkman v. Quam, et al., (N.D.) recently decided, 123 N.W.2d 824. The rulings of the trial court in matters that are addressed to its sound judicial discretion will not be disturbed on appeal, except in cases of manifest abuse. Wolfson v. Schieber, supra; Curren v. Story, supra; Aylmer v. Adams, 30 N.D. 514, 153 N.W. 419; and Boeren v. McWilliams, 33 N.D. 339, 157 N.W. 117.