construing the words “in the county in which the contract is to be performed” to refer only to contracts that expressly indicate a place of performance
How later courts described this case
- construing the words “in the county in which the contract is to be performed” to refer only to contracts that expressly indicate a place of performance
- “It is the policy of the law of this jurisdiction that all transactions affecting the title to real property shall be matters of record in the county wherein the real property is situate [sic] to the end that those concerned may ascertain the condition of such title by an examination of the public records of the particular county wherein such real property is located.”’
Written by the judges who cited it.
The opinion
MR. JUSTICE ANDERSON:
(dissenting).
I agree generally with what has been said by Mr. Justice Angstman but wish to make the further comment.
Since the opinion by this court in Hardenburgh v. Harden-burgh, 115 Mont. 469 , 146 Pac. (2d) 151 , the questions regarding venue have caused the practicing lawyer and the students of the subject considerable concern. See Montana Law Review, Vol. X, 1949, p. 83 et seq.
Nothing said in the majority opinion tends to reduce the confusion that exists on the subject. It merely disposes of the present controversy and in my judgment lends no help to the lawyer who may find himself confronted with questions of venue in the future.