Legal Opinion

Muzzy v. D. H. McEwen Lumber Co.

California Supreme Court

Decided December 18, 1908No. S.F. No. 5055PublishedCited by 14 opinions

MOTION to dismiss an appeal from an order of the Superior Court of Sonoma County changing the place of trial. T. t C. Denny, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHens Haw, J.

This is an appeal by plaintiff from the order of the court changing the place of trial upon motion of defendant and transferring the cause for trial to the county of defendant’s residence. The action was to recover damages for breach of contract. Respondent on the appeal moves its dismissal upon the ground that there is no bill of exceptions nor' other authentication of the papers on appeal as required by rule XXIX of this court, (144 Cal. lii, [64 Pac. xii]). The transcript contains the complaint, the notice of motion to change the place of trial, the supporting affidavit, and demand for…

2Cases cited2 opinions

  1. In re LuxCalifornia Supreme Court · 1893
  2. Shain v. EikerenkotterCalifornia Supreme Court · 1891

3Cited by14 opinions

  1. Ex Parte Quong WoCalifornia Supreme Court · 1911
  2. Turner v. . New BernSupreme Court of North Carolina · 1924
  3. Thompson v. Southern Pacific Co.California Supreme Court · 1919
  4. Drummond v. DrummondCalifornia Court of Appeal · 1940
  5. Turner v. City of New BernSupreme Court of North Carolina · 1924

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