Nicholl v. Nicholl
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco granting a change of the place of trial. Suit for a divorce. The defendant moved for a change of the place of trial to the county of Kern, where he resided. The motion was based upon an affidavit of the defendant, and was made before he had answered or demurred.
Read the full summary
Appeal from an order of the Superior Court of the city and county of San Francisco granting a change of the place of trial. Suit for a divorce. The defendant moved for a change of the place of trial to the county of Kern, where he resided. The motion was based upon an affidavit of the defendant, and was made before he had answered or demurred. Subsequently, the defendant demurred to the complaint, and at the same time moved for a change of the place of trial on the affidavit of one of defendant’s counsel, which stated, as a reason why it was not made by the defendant, that he was at a long…
1Opinion of the Court
The Court.
The affidavit of merits and demand that the trial be had in the proper county, which were filed before the defendant answered or demurred, were wholly inconsequential. To be of any avail, such affidavit and demand must be filed when the defendant appears and answers, or demurs. (C. C. P. 396.)
In this case, we can only consider the order made on the motion, which was based upon the affidavit and demand filed at the time the defendant appeared and demurred. And if the affidavit of merits is sufficient, the order must be affirmed. The affidavit was made by one of defendant’s attorneys.
I…
2Cases cited1 opinion
- Johnson v. LynchThe Superior Court of New York City · 1857
3Cited by12 opinions
- Goossen v. CliftonCalifornia Court of Appeal · 1946
- W. A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial DistrictCalifornia Court of Appeal · 1959
- Gardner v. SteadmanCalifornia Court of Appeal · 1916
- Great Northern Railway Co. v. HatchMontana Supreme Court · 1934
- Ramos v. Lloveras SolerSupreme Court of Puerto Rico · 1927
7 more not listed; retrieve them via the Exa API.