WILSON VS. WILSON (DIVORCE)

Key holdings

Practitioner summary

This per curiam opinion decided the merits of the husband's appeal from an order granting the wife's motion for a change of venue in a divorce action originally filed in the Third Judicial District Court, Lander County. The wife's motion, made under sections 8571 and 8572 N. C. L., asserted that she was a resident of Washoe County and that an impartial trial could not be had in Lander County, and was supported by her affidavit and by testimony given at the hearing, at which the plaintiff did not appear in person or by counsel. Because the testimony taken at the hearing was not brought up in the record on appeal, the court applied the settled presumption in favor of the regularity of the trial court's action and presumed that the testimony was sufficient to justify granting the change of venue. Accordingly, the order was affirmed and remittitur ordered to issue instanter.

In plain language

This is the decision on the merits of the same venue dispute. The husband had filed his divorce suit in Lander County. The wife asked to move the trial, saying she lived in Washoe County (Reno) and that a fair trial could not be had in Lander County, and she backed her request with a sworn statement and, at the hearing, live testimony. The husband did not appear at the hearing, in person or through a lawyer. The trial court granted the change of venue, and the husband appealed. The Nevada Supreme Court affirmed. The key problem for the husband was that the testimony the wife gave at the venue hearing was not included in the record brought up on appeal. Because the appellate court could not see that testimony, it had to presume the testimony was sufficient to justify the trial court's decision to move the case. The court affirmed the order and directed that the case be returned to the lower court immediately.