Tooms v. Randall
California Supreme Court
Appeal from the Fourth Judicial District. This action was brought for the recovery of a promissory note of $2000, given by defendant to plaintiff; and was commenced on the 10th of July, 1852, in the District Court for the County of San Francisco. The defendant answered on the 26th July, 1852, denying the debt, and setting up a counter claim, and concludes thus, “ wherefore defendant demands trial, in time and place as the law directs.”
Read the full summary
Appeal from the Fourth Judicial District. This action was brought for the recovery of a promissory note of $2000, given by defendant to plaintiff; and was commenced on the 10th of July, 1852, in the District Court for the County of San Francisco. The defendant answered on the 26th July, 1852, denying the debt, and setting up a counter claim, and concludes thus, “ wherefore defendant demands trial, in time and place as the law directs.” On the 12th August, 1852, the ■defendant filed his affidavit, setting forth, that he is now and has ■been, for more than two years resident in the City of…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
This is an appeal from the refusal of the District Court to change the venue. The application was made on the ground that neither of the parties reside in the district.
*440The motion was properly refused. No objection of the kind was made in the answer, and after it was filed, nearly six months were permitted to elapse before it was taken.
By the common law practice such an objection could only be taken by plea in abatement, before filing a plea in bar, and the latter is always a waiver of all matter in abatement.
The same strictness must be adopted here, relatively to our…
2Cited by10 opinions
- Cook v. PendergastCalifornia Supreme Court · 1882
- California Savings & Loan Society v. HarrisCalifornia Supreme Court · 1896
- Lyons v. Brunswick-Balke-Collender Co.California Supreme Court · 1942
- Pearkes v. FreerCalifornia Supreme Court · 1858
- Riverdale Mining Co. v. WicksCalifornia Court of Appeal · 1910
5 more not listed; retrieve them via the Exa API.