Marston v. Watson
California Court of Appeal
APPEAL from an order of the Superior Court -of Napa County refusing to change the place of trial of an action. J. E. Prewett, Judge presiding. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
This isan appeal from an order denying a motion for a change of venue. The action was brought in Napa County and defendant claimed to be a resident of Marin County, and the only question is whether there is any conflict in the evidence as to her residence. The matter was submitted upon affidavits and it is not disputed that the rule in such ease for the guidance of an appellate court is the same as where oral testimony is presented; and therefore we must accept as established the facts recited in the affidavits of the prevailing party and if therefrom a rational inference can be drawn in…
2Cases cited1 opinion
- Bernou v. BernouCalifornia Court of Appeal · 1911
3Cited by7 opinions
- Parker Co., Inc. v. Exeter Refining Co.California Court of Appeal · 1938
- Burt v. ScarboroughCalifornia Supreme Court · 1961
- Smilie v. SmilieCalifornia Court of Appeal · 1914
- Pacific States Corp. v. ShepardsonCalifornia Court of Appeal · 1930
- Peeples v. CommissionerUnited States Board of Tax Appeals · 1933
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