Remington Sewing Machine Co. v. Cole
California Supreme Court
Appeal by the defendants, Joseph H. Cole and George M. Cole, from an order of the Superior Court of the City and County of San Francisco, denying their motion for a change of the place of trial. Edmonds, J. Action on a bond. The action was commenced September 29, 1877, in the Fifteenth District Court.
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Appeal by the defendants, Joseph H. Cole and George M. Cole, from an order of the Superior Court of the City and County of San Francisco, denying their motion for a change of the place of trial. Edmonds, J. Action on a bond. The action was commenced September 29, 1877, in the Fifteenth District Court. The complaint is as follows: The Remington Sewing Machine Company, hereinafter styled plaintiff, complains of Joseph H. Cole, George N. Cole, O. H. Jewell, and A. Showers, defendants herein, and for cause of action alleges: 1. That plaintiff is, and at all the times hereinafter mentioned was, a…
1Opinion of the Court
Ross, J.:
If the complaint counted alone on the bond executed by Joseph H. and George N. Cole, there was no cause of action stated against Jewell or Showers, and they were improperly made parties. In that view, the Coles were entitled to a change of the place of trial, and their motion in that behalf made in 1877, and denied August 30,1878, ought to have been granted, notwithstanding Jewell and Showers - then remained parties of record. From the order made refusing a change of venue the parties aggrieved were entitled to appeal, and that was their remedy. If, on the other hand, the complaint…
2Cited by26 opinions
- McClung v. WattCalifornia Supreme Court · 1922
- Lyons v. Brunswick-Balke-Collender Co.California Supreme Court · 1942
- McKenzie v. BarlingCalifornia Supreme Court · 1894
- Sayward v. HoughtonCalifornia Supreme Court · 1890
- Johnson v. ClarkMontana Supreme Court · 1957
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