Lundy v. Lettunich
California Court of Appeal
APPEAL from an order of the Superior Court of the City and County of San Francisco denying a motion for a change of place of trial. James M. Troutt, Judge. Reversed. The facts are stated in the opinion of the court.
1Opinion of the CourtLangdon, P. J.
The defendant, E. B. Lettunich, appealed from an order denying a motion for change of venue. Upon his death, Stella E. Lettunich, as executrix of his will, was substituted in his place.
The action, which is personal in its nature, having been commenced in the city and county of San Francisco, summons was regularly served on June 16, 1919, in the county of Santa Cruz. The defendant appeared by filing a demurrer on July 16, 1919, service of the demurrer having been admitted by indorsement under date of July 11th. With the demurrer was served and filed an affidavit showing, among other things,…
2Cases cited10 opinions
- Cook v. PendergastCalifornia Supreme Court · 1882
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- McNeill & Co. v. DoeCalifornia Supreme Court · 1912
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