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60-608. Multiple parties. If there are several plaintiffs properly joined and venue is determined by the residence of one of them, it shall be necessary that such plaintiff's claim is a substantial part of the action. If there are several defendants properly joined, venue of the action may be determined at the election of the plaintiff as to any one of the defendants against whom a substantial claim exists. If, before trial of an action on the merits is commenced, a party with reference to whom venue was determined ceases to be a party and venue would no longer be proper as to the remaining parties, on the application of any remaining party promptly made, the cause shall be transferred to a county of proper venue. If there is more than one such county, the transfer shall be to a county selected by the plaintiff.

History: L. 1963, ch. 303, 60-608; January 1, 1964.

Source or prior law:

L. 1865, ch. 55, § 1; G.S. 1868, ch. 80, §§ 55, 60; L. 1903, ch. 379, § 2; L. 1909, ch. 182, §§ 55, 61; R.S. 1923, 60-509, 60-2502.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-509, 60-2502 and the 1961 Supp. thereto.

1. Cited in action concerning multiple parties defendant, plaintiff has discretion in selecting venue. Lambertz v. Abilene Flour Mills Co., Inc., 209 K. 93, 96, 495 P.2d 914.

2. Plaintiff's right to select venue where several defendants properly joined and substantial claim existed; trial court's discretion. Fredricks v. Foltz, 221 K. 28, 32, 557 P.2d 1252.

3. Cited in affirming the transferral of proceedings in action concerning multiple party defendants. Fredricks v. Foltz, 225 K. 663, 670, 594 P.2d 665.

4. District court without authority to transfer action upon application of doctrine of forum non conveniens; dismissal of action is proper procedure. Quillin v. Hesston corp., 230 K. 591, 594, 640 P.2d 1195 (1982).

5. Multiple defendants allow airport authority to be sued in venue other than its home county. Cessna Aircraft Co. v. Metropolitan Topeka Airport Authority, 23 K.A.2d 1038, 1056, 940 P.2d 84 (1997).

6. Trial court did not abuse discretion by transferring venue to county where injury causing death occurred. Schmidt v. Shearer, 26 K.A.2d 760, 765, 995 P.2d 381 (1999).


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