Grangers' Union v. Ashe
California Court of Appeal
APPEAL from an order of the Superior Court of San Benito County, refusing to change the place of trial. M. T. Dooling, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, P. J.
The order made by the trial court denying appellant’s motion for a change of the place of trial may be justified. The motion was made by Gaston M. Ashe, who states in his affidavit of merits that he has fully and fairly stated the case to John T. Thornton, Esq., his counsel, “and after such statement I am advised and verily believe that I have a good defense on the merits to this action.”
The affidavit does not show that appellant was advised by his counsel that he had a good defense, and it is therefore and for that reason defective. (Jensen v. Dorr, 9 Cal. App. 18, [98 Pac. 45].)
Nor can the…
2Cases cited1 opinion
- Jensen v. DorrCalifornia Court of Appeal · 1908
3Cited by3 opinions
- Platner v. VincentCalifornia Supreme Court · 1924
- Schreiber v. HookerCalifornia Court of Appeal · 1952
- Dee v. San Pedro, Los Angeles & S. L. R.Utah Supreme Court · 1917