Opinion
No. 31, 865.
August 12, 1938.
Original application to this court by order to show cause upon the relation of Paul M. Havens for a peremptory writ of mandamus to compel the district court for Faribault county, the Honorable Julius E. Haycraft, Judge, and Ernest F. Franklin, clerk, to remand to the district court of Ramsey county the files in an action instituted in Ramsey county by relator against George S. Smith as administrator of the estate of Edith E. Blair. Order to show cause discharged.
K.D. Stalland, for relator.
Putnam Carlson, for respondents.
This case comes here on an application for a writ of mandamus to direct the transfer of a suit brought in Ramsey county by relator against George S. Smith as administrator of the estate of Edith E. Blair to quiet the title to certain personal property in plaintiff's possession in St. Paul. The venue was changed to Faribault county, where defendant resides and where he was appointed administrator. The district court of that county refused to remand the case to Ramsey county on motion made upon the theory that the case was local and properly triable where plaintiff resides and has possession of the property involved.
Plaintiff claims to be the owner of the property here involved by virtue of an oral gift thereof made to him by Edith E. Blair prior to her death.
Under the rule in State ex rel. Nyquist v. District Court, 164 Minn. 433, 205 N.W. 284, and in State ex rel. Cairney v. District Court, 178 Minn. 373, 227 N.W. 202, the suit is one to establish an oral gift and is consequently transitory in character, and the motion to remand was properly denied.
Writ discharged.