Booker v. Aitken
California Supreme Court
The facts are stated in the opinion. W. L. Pierce, Bishop, Wheeler & Hoefler, and William Rix, for Appellant. The action is a mixed action in equity, which must be tried in the county of the residence of the defendants.
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The facts are stated in the opinion. W. L. Pierce, Bishop, Wheeler & Hoefler, and William Rix, for Appellant. The action is a mixed action in equity, which must be tried in the county of the residence of the defendants. (Smith v. Smith, 88 Cal. 572; Moore v. Superior Court, 64 Cal. 345; Le Breton v. Superior Court, 66 Cal. 27; Mock v. City of Santa Rosa, 126 Cal. 330; Ah Fong v. Stearns, 79 Cal. 33; Smith v. Davis, 96 Cal. 25-32; Warner v. Warner, 100 Cal. 11; Golden Cross Min. etc. Co. v. Spiers, 115 Cal. 247; Ashurst v. Gibson, 57 Ala. 584; State v. Superior Court of Kings County, 7 Wash.…
1Opinion of the Court
CHIPMAN, C.
Appeal by defendant from an order denying his motion for a change of the place of trial. The action was brought in the county of San Luis Obispo, and defendant’s residence was at all the times mentioned in the complaint, and now is, the city and county of San Francisco.. “The action must be tried in the county in which the defendants, or some of them, reside at the commencement of' the action,” (Code Civ. Proc., see. 395), unless the case-falls within some one or more of the exceptions stated in. section 392 of the same code. These are,—1. For' the recovery of real property, or an…
2Cases cited6 opinions
- Smith v. SmithCalifornia Supreme Court · 1891
- McDougald v. HuletCalifornia Supreme Court · 1901
- Watson v. SutroCalifornia Supreme Court · 1890
- Faulkner v. First National BankCalifornia Supreme Court · 1900
- Rollins v. ForbesCalifornia Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Singleton v. PerryCalifornia Supreme Court · 1955
- Peiser v. MettlerCalifornia Supreme Court · 1958
- Neet v. HolmesCalifornia Supreme Court · 1942
- Vaughan v. RobertsCalifornia Court of Appeal · 1941
- Kaluzok v. BrissonCalifornia Supreme Court · 1946
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