Rathgeb v. Tiscornia
California Supreme Court
Appeal from an order of the Superior Court of the-.city and county of San Francisco, changing the place of trial. The judge of the Superior Court of Calaveras county had been, prior to his election to that office, counsel for some of the parties in matters pertaining to the controversy. The action was for damages for breaking gates and fences, tearing down a quartz mill, etc. The other facts appear in the opinion of the court.
1Opinion of the CourtSharpstein, J.
-This action was commenced in San Francisco against sixteen defendants; fourteen of them reside in Calaveras county, one in Santa Clara, and one on whom the summons has not been served, and who has not appeared in the action, is in Italy. The fifteen on whom service was had appeared, and demanded that the place of trial be changed to Calaveras county, where fourteen of them resided. The motion was granted, and this appeal is from that order. If all the defendants who united in the demand had resided in Calaveras county, their right to have the action tried there would be perfectly clear.
Thisis…
2Cited by8 opinions
- Eddy v. HoughtonCalifornia Court of Appeal · 1907
- McKenzie v. BarlingCalifornia Supreme Court · 1894
- McSherry v. Pennsylvania Consolidated Gold Mining Co.California Supreme Court · 1893
- Wood, Curtis & Co. v. Herman Mining Co.California Supreme Court · 1903
- Sims v. MainsCalifornia Court of Appeal · 1933
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