E. G. Long appeals from the order of the Twelfth Judicial
District, Hill County, denying his motion for change of venue. We
affirm.
The sole issue raised on appeal is whether venue properly lies
in Hill County.
The respondents commenced an action in Justice Court in Hill
County, Montana, where they reside, against the appellant for the
return of a security deposit, rent diminution, and attorney fees.
The appellant was served with service of process in Yellowstone
County, Montana, where he resides. He timely filed a motion to
dismiss or in the alternative for change of venue under Rule
3 (A) (1) and 3 (B) of the M. J.C.Civ.P. The Justice Court denied the
Motion pursuant to 5 25-31-202, MCA. Trial was held in Justice
Court and judgment entered against the appellant.
The appellant filed notice of appeal to the Twelfth Judicial
District Court. He then filed a motion for change of venue. The
court denied the appellant's motion for change of venue, stating
that the motion should properly have been made at the appellant's
first appearance. Appeal is taken from that order.
Does venue in this action properly lie in Hill County?
A rental agreement was executed between the appellant and the
respondent on November 9, 1987. It stated in part:
Upon termination of the tenancy, Landlord will within 30
days deliver to Tenant a written list of any deductions
from the Security Deposit and payment of the balance due
to Tenant. Said list and payment will be mailed to the
new address of Tenant provided to landlord prior to
moving.