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DWORSKY v. HERBST

No. 37,717.

254 Minn. 295 (1959)

95 N.W. (2d) 19

PETER A. DWORSKY v. ERVIN HERBST AND ANOTHER, INDIVIDUALLY AND d.b.a. HERBST CONSTRUCTION COMPANY.

Supreme Court of Minnesota.

February 6, 1959.

Attorney(s) appearing for the Case

Burns & Burns and Wayne G. Popham, for relators.

Sachs, Karlins, Grossman & Karlins and Richard F. Sachs, for respondent.

KNUTSON, JUSTICE.

This is a petition for a peremptory writ of mandamus to compel the court below to grant a change of venue.

This action was brought in Hennepin County by plaintiff to recover unpaid rent alleged to be due from defendants under a written lease covering certain premises in Anoka County. The summons and complaint were served on Ervin Herbst on September 5, 1957. On September 17, the defendants made a demand under M.S.A. 542.10 for a change of...

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