Sloan v. Smith
California Supreme Court
Appeal from the Superior Court of San Francisco. This was an action brought for the recovery of the value of services rendered by the plaintiff to the defendant, as attorney and counsellor at law, in divers causes and suits, &c., in which defendant was a party, and for counsel, and advice, &c. The defendant denied all the allegations of the complaint, and moved for a change of venue; and this was the only point considered in this court.
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Appeal from the Superior Court of San Francisco. This was an action brought for the recovery of the value of services rendered by the plaintiff to the defendant, as attorney and counsellor at law, in divers causes and suits, &c., in which defendant was a party, and for counsel, and advice, &c. The defendant denied all the allegations of the complaint, and moved for a change of venue; and this was the only point considered in this court. The affidavit of the defendant, on which the motion was based, set forth, that owing to a series of litigations in which he had "been involved, affecting the…
1Opinion of the CourtMurray, Chief Justice
Heydenfeldt, Justice, concurred.
The main error relied on by the appellant, is the refusal of the court below, to grant a change of venue.
The affidavit states, that owing to certain litigations, in which the defendant had been engaged, a prejudice existed against him in the City of San Francisco, which would prevent him from having a fair and impartial trial, &c.
The power of granting a change of venue is discretionary with the courts below, subject to revision only in cases of gross abuse. The peculiar condition of this State, the daily fluctuations of property, and constant change of…
2Cited by4 opinions
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