Legal Opinion

Edwards v. Southern Pacific Railroad

California Supreme Court

Decided July 1, 1874No. 3,688PublishedCited by 5 opinions

Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. The defendant was a corporation. The action was commenced in the county of Santa Clara. The defendant moved to change the venue to the City and County of San Francisco. The Court denied the motion, and the defendant appealed from the order. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Rhodes, J.:

The motion to change the venue of this case was based on the fact that the principal place of business, and, therefore, the residence of the defendant, is in the City and County of San Francisco, and not in the county where, the action was brought. The plaintiff made a motion to retain the cause, on the ground- that the convenience of witnesses would thereby be promoted. The motions were made before the Code of Civil Procedure took effect.

It is insisted that the defendant has the absolute right to a change, of venue; and that if it should- appear after the *461venue is…

2Cases cited4 opinions

  1. Jenkins v. California Stage Co.California Supreme Court · 1863
  2. Loehr v. LathamCalifornia Supreme Court · 1860
  3. Hanchett v. FinchCalifornia Supreme Court · 1873
  4. Pierson v. McCahillCalifornia Supreme Court · 1863

3Cited by5 opinions

  1. Cook v. PendergastCalifornia Supreme Court · 1882
  2. Stocks v. StocksNevada Supreme Court · 1947
  3. Sheffield v. Pickwick StagesCalifornia Supreme Court · 1923
  4. Hall v. Cent. Pac. R.R. Co.California Supreme Court · 1875
  5. Saríe v. Porto Rican Leaf Tobacco Co.Supreme Court of Puerto Rico · 1909

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