Legal Opinion

Sayward v. Houghton

California Supreme Court

Decided January 29, 1890No. 13310PublishedCited by 27 opinions

Appeal from an order of the Superior Court of San Bernardino County changing the place of trial. The facts are stated in the opinion of the court.

1Opinion of the CourtSharpstein, J.

Plaintiff appeals from an order granting defendant Houghton’s motion for change of place of trial from the county of San Bernardino to San Francisco, where defendant Houghton resides.

If Houghton had been the sole defendant, his right to have the place of trial changed would be undoubted. If the complaint states no cause of action against the corporation defendant, the right of Houghton to have the place of trial changed is not affected by making said corporation a defendant in the action. (Remington S. M. Co. v. Cole, 62 Cal. 311.)

The gravamen of the complaint is the refusal of defendant…

2Cases cited1 opinion

  1. Remington Sewing Machine Co. v. ColeCalifornia Supreme Court · 1882

3Cited by27 opinions

  1. Brady v. Times-Mirror Co.California Supreme Court · 1895
  2. Donohoe v. WoosterCalifornia Supreme Court · 1912
  3. Durfee v. HarperMontana Supreme Court · 1899
  4. McKenzie v. BarlingCalifornia Supreme Court · 1894
  5. Hellman v. LoganCalifornia Supreme Court · 1905

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