County of Yuba v. North American Consolidated Gold Mining Co.

This is an action brought to restrain defendants from discharging or depositing tailings and other refuse matter from their mine into Yuba river or certain named branches thereof. A motion was made by the defendants, or some of them, to change the place of trial from Yuba county, and upon hearing the trial court granted the motion, but transferred the case to a county different from that which, in the judgment of both parties, the court was without authority to name. Both plaintiff and defendants appealed from the order. The parties have filed a stipulation that the appeal be taken up at the…