Watkins v. Degener
California Supreme Court
Appeal from, an order of the Superior Court of Santa Bar bora County changing the place of trial to the city and county of San Francisco. Plaintiff, as a broker, brought this action to recover an unpaid balance of the purchase money advanced by him to purchase wheat for the defendants, and for his broker’s fees.
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Appeal from, an order of the Superior Court of Santa Bar bora County changing the place of trial to the city and county of San Francisco. Plaintiff, as a broker, brought this action to recover an unpaid balance of the purchase money advanced by him to purchase wheat for the defendants, and for his broker’s fees. The defendants demurred to the complaint, and at the same time filed an affidavit of merits and a written demand for a change of venue, and moved the court to transfer the cause to the Superior Court of the city and county of San Francisco. The affidavit of merits showed that the…
1Per curiam
When the action is not one of those mentioned in sections 392, 393 of the Code of Civil Procedure, and the defendant resides without the county where it has been commenced, it is the right of the defendant, upon satisfying the court of his residence, to have the place of trial changed, if, at the time he appears and answers, or demurs, he files an affidavit *501of merits and demands in writing that the trial be had in the proper county. (Code Civ. Proo, §396.)
The affidavit of merits was sufficient.
Order affirmed.
2Cited by14 opinions
- Hardenburgh v. HardenburghMontana Supreme Court · 1944
- Nolan v. McduffieCalifornia Supreme Court · 1899
- Yore v. MurphyMontana Supreme Court · 1891
- Hennessy v. NicolCalifornia Supreme Court · 1894
- People ex rel. State Bd. of Harbor Comm'rs v. LarueCalifornia Supreme Court · 1884
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