Smith v. Smith
California Supreme Court
Appeal from, an order of the Superior Court of Tuolumne County denying a change of place of trial. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
This action was commenced in Tuolumne County, against the defendant, who was then a resident of the county of Merced. After the service of the summons upon the defendant, and at the time of his demurring to the complaint, he filed an affidavit of merits, and demanded, in writing, that the place of trial of the action be changed from Tuolumne County to Merced County, upon the ground that Merced was the proper county for the trial of the action, and supported his motion by an affidavit that at the time of the commencement of the action he was, and had been for many years prior thereto, a…
2Cases cited3 opinions
- LeBreton v. Superior Court of San FranciscoCalifornia Supreme Court · 1884
- Ashurst v. GibsonSupreme Court of Alabama · 1877
- Baker v. Fireman's Fund InsuranceCalifornia Supreme Court · 1887
3Cited by76 opinions
- Title Ins. and Trust Co. v. IngersollCalifornia Supreme Court · 1910
- Brady v. Times-Mirror Co.California Supreme Court · 1895
- Brown v. Happy Valley Fruit Growers, Inc.California Supreme Court · 1929
- Neet v. HolmesCalifornia Supreme Court · 1942
- Goossen v. CliftonCalifornia Court of Appeal · 1946
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