549.17 ADDITIONAL COSTS ON CHANGE OF VENUE; AMOUNT; PAYMENT OR
WAIVER OF; TAXATION.
When service of summons is made upon a defendant within a county of which the defendant
is an actual resident at the time of such service, and the place of trial of such action is thereafter
changed to such county in the manner provided by section
, or when service of summons is
made upon a defendant in a county of which the defendant is not a resident, and the place of such
trial is in like manner changed to a county of which the defendant has been an actual resident
for more than one year immediately preceding such service, which fact shall be set forth in
defendant's affidavit for change of venue, the plaintiff shall forthwith in either case, pay to each
defendant demanding such change of venue the sum of $10 as additional costs.
No judgment shall be entered by plaintiff in any cause, the venue of which has been changed
as aforesaid, until the plaintiff shall have filed with the court administrator a receipt for, or a
waiver of, such sum by all of the defendants who demanded such change of venue, or their
respective attorneys. Such sums if not paid by plaintiff, or waived by defendant, may be taxed
against plaintiff by defendant as other costs if defendant prevails, or deducted from plaintiff's
judgment, if plaintiff prevails. The provisions of this section shall not apply to causes where there
are several defendants residing in different counties, or an even number of defendants, and the
place or trial is determined by joinder of demands or nearness to the county seat and not by
actual residence of the defendants as of right.
History: (9487-1) 1925 c 242 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82