Misgen v. Herda

3 Citing cases

  1. Manselle v. Krogstad (In re Krogstad)

    958 N.W.2d 331 (Minn. 2021)   Cited 12 times
    Recognizing the principle articulated in Fletcher

    Thus, while Williams is not dispositive, it reflects our history of treating the word "several" as including only two defendants. Appellants and amicus also rely on Misgen v. Herda , 260 Minn. 66, 108 N.W.2d 624 (1961), but Misgen is largely inapposite. There, we held that affidavits listing the county of residence for all defendants are required in a multiple-defendant case.

  2. Ebenezer Society v. Minnesota State Bd. of Health

    301 Minn. 188 (Minn. 1974)   Cited 16 times

    Petitioner argues that the lower court erroneously construed Minn. St. 542.03 and 542.09. Respondents take the opposite position in support of the lower court, contending that the general venue provisions of § 542.09 control; venue was proper, it is suggested, since some part of the cause of action allegedly arose in Dakota County. Petitioner bears the burden of establishing its position under § 542.03. See, Misgen v. Herda, 260 Minn. 66, 108 N.W.2d 624 (1961). To do so here, it must demonstrate, both by its trial court affidavit in support of change and by its affidavit in support of petition for writ of mandamus, that § 542.09 requires application of § 542.03 when the two conflict; that petitioner is a "public officer" within the meaning of § 542.03; that petitioner has been sued "for acts done by virtue of such office" under § 542.03; and that venue is proper in Hennepin County.

  3. Jumer v. Truesdale

    117 N.W.2d 743 (Minn. 1962)   Cited 1 times

    "The fact of residence is made to appear by the affidavit for a change of venue, and if the affidavit sets forth such fact and demand is seasonably made, the venue is ipso facto changed, and the truth of the affidavit can only be challenged in the court to which the venue is changed." In Misgen v. Herda, 260 Minn. 66, 69, 108 N.W.2d 624, 626, this court held that a demand for a change of venue under Minn. St. 1957, § 542.10, by a majority of multiple defendants must be accompanied by an affidavit showing the residence of each defendant. The court said: