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CANNON v. TUFT

No. 8292.

3 Utah 2d 410 (1955)

285 P.2d 843

GEORGE N. CANNON, D/B/A INTERMOUNTAIN SUPPLY COMPANY, PLAINTIFF AND RESPONDENT, v. B.K. TUFT, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

July 7, 1955.

Attorney(s) appearing for the Case

Tex R. Olsen, Richfield, for appellant.

George M. Cannon, Salt Lake City, for respondent.

CROCKETT, Justice.

This appeal involves the use of the motion to dismiss to object to improper venue. We hold that the motion to dismiss is inappropriate for such purpose.

Plaintiff commenced suit on a contract in the District Court for Salt Lake County, the complaint showing on its face that the defendant was a resident of Salina, Utah, in Sevier County. Plaintiff admits on this appeal that proper venue would have been Sevier rather than Salt Lake County...

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