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BISTLINE v. EBERLE

No. 9097.

376 P.2d 501 (1962)

Stephen BISTLINE, Plaintiff-Respondent, v. J. L. EBERLE, Individually, T. H. Eberle, Individually, W. D. Eberle, Individually, and J. L. Eberle, T. H. Eberle, and W. D. Eberle, as a partnership doing business under the firm name and style of Richards, Haga and Eberle; The Title Insurance Company In Idaho, an Idaho Corporation; Sophy Whitman, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied December 14, 1962.

Attorney(s) appearing for the Case

Richards, Haga & Eberle, Boise, for appellants.

Stephen Bistline, Sandpoint, for respondent.

McQUADE, Justice.

This action for libel was commenced January 13, 1960, in the District Court of Bonner County, alleging the acts complained of were committed in January of 1958. The three Eberles, defendants, and by them on behalf of their partnership made motions to dismiss, supported by an affidavit, upon the ground of improper venue, and to quash service of summons upon such dismissal.

Ruling on these motions the trial judge ordered the case transferred...

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