Jones v. Frost
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The motion for a change of venue was based on affidavits. The Court overruled the motion and then overruled the second demurrer. No answer was filed. Plaintiffs recovered judgment, and defendant appealed from the judgment. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Shafter, J.
This is an action on a promissory note.
First—The first error assigned is that the demurrer to the complaint was improperly overruled—the assignment of the breach being, as is contended, substantially defective. The breach assigned is : “ That no part of said note, principal or interest, has been paid.” We consider that there is no defect in this averment, either substantial or formal.
Second—It is further insisted that the Court erred in refusing to transfer the case for trial to the county of defendant’s residence.
It appears from the record that the defendant demurred…
2Cases cited1 opinion
- A. M. Gilman & Co. v. CosgroveCalifornia Supreme Court · 1863
3Cited by7 opinions
- Lyons v. Brunswick-Balke-Collender Co.California Supreme Court · 1942
- Kramer v. HeinsNorth Dakota Supreme Court · 1916
- McFadden v. Ellsworth Mill & Mining Co.Nevada Supreme Court · 1872
- Railroad v. HouseTennessee Supreme Court · 1900
- Ramos v. Lloveras SolerSupreme Court of Puerto Rico · 1927
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