Livermore v. Brundage
California Supreme Court
Application for a writ of mandate to compel the judge or the Superior Court of Kern County to transfer the cause to another court. The action sought to be transferred was upon a promissory note given by the respondent to the petitioner. The other facts are stated in the opinion of the court.
1Opinion of the CourtMcKee, J.
The petitioner is plaintiff in an action against the defendant, who is judge of the court in which the action is pending. Being defendant in the action, and judge of the court in which the action is pending, it was not necessary for the petitioner, in making a motion to transfer the cause, to serve the judge of the court with notice of the motion, as it would be in a motion for a change of venue under the provisions of section 396 of the Code of Civil Procedure, in a suit before him between *300•ordinary litigants; for in an action pending in his court, to which he himself is a party, he has no…
2Cited by21 opinions
- Lindsay-Strathmore Irrigation Dist. v. Superior Court of Tulare Cty.California Supreme Court · 1920
- State ex rel. Anaconda Copper Mining Co. v. ClancyMontana Supreme Court · 1904
- Favorite v. Superior Court of Riverside Co.California Supreme Court · 1919
- Krumdick v. CrumpCalifornia Supreme Court · 1893
- Matter of Petition of BurkeCalifornia Supreme Court · 1911
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