Lien v. Simonson
Lien v. Simonson
Opinion of the Court
Action was brought by the county treasurer of Roberts county in 1920 in the circuit court of said county against defendant for the collection of delinquent personal taxes levied in that county against defendant for the years 1905 and 1906. The defendant had been a resident of Dewey county for more than six years prior to the beginning of the action and w(as not served with process in Roberts county. Within the time prescribed by section 2328, Rev. Code 191191, he demanded a change of venue to Dewey county, and upon refusal he moved the court to order the change. From an order denying such relief defendant appeals.
It is the contention of appellant that the venue should have been changed because of the provision of section 2327, Rev. Code 1919, which says:
“In all other cases the action shall be tried in the county in which the defendant or defendants, or any of them, shall reside at the commencement of the action.”
On the other hand, respondent justifies the order of the trial court under the following provisions of section 6822, Rev. Code, 1919:
*131 “When any personal taxes heretofore or hereafter levied shall stand charged against any person, and the same shall not be paid within the time prescribed by law, the county treasurer whose duty it is to collect such taxes, in addition to any other remedy provided
“And the duplicate tax list or' lists shall be prima facie evidence of the amount and validity of such taxes appearing due and unpaid thereon, and of the nonpayment of the same.”
'Much confusion and inconvenience to the treasurer’s office would necessarily result if the duplicate tax list were to be transported to the several counties in which actions Wight be pending against delinquent personal tax debtors under appellant’s theory of the right of removal. Orderly procedure demands that the
The order appealed from is affirmed.
Reference
- Full Case Name
- LIEN, County Treasurer v. SIMONSON
- Status
- Published