Pieper v. Centinela Land Co.

Thornton, J.:

This is an appeal from an order denying a motion made to change the place of trial. The motion was made on two grounds: first, the residence of the moving parties; and second, the convenience of witnesses.

An objection is taken by the respondent, that the papers claimed to have been used on the motion in the Court below cannot be looked at on this appeal, because not embodied in a bill of exceptions.

As the statute was at the time the motion was made (in 1879), the bill of exceptions was not necessary to bring up such papers. (§ 951, Code Civ. Proc.) In 1874, this section was…