State ex rel. Cummings v. Superior Court

The opinion of the court was delivered by

Hoyt, J.

The defendant was not served in the county in whieh this action was commenced, nor was he a resident of that county, but, on the contrary, was a bona fide resident of the county of Pierce, in which service of process was made upon him. Such being the case, King county was not the proper county for the trial of the action. It is, however, provided in § 162, Code of Procedure, that such fact shall not prevent a trial of the cause in the county in which the action has been commenced, unless the defendant, at the time he appears and demurs or…