Kramer
Kramer v. Reynolds
Opinion
Lead Opinion
Weyand, J.
The trial of this cause was had by a department of the superior court of Los Angeles County, sitting at Long Beach, a city within Los Angeles County. The appellant E. C. Redman objected to a trial by the said court, sitting at Long Beach, contending that section 142 of the Code of Civil Procedure, as that section was amended in the year 1925 [Stats. 1925, p. 218, sec. 2], is unconstitutional and void in so far as it attempts to give legal authority to hold a session of the superior court of Los Angeles County in the city of Long Beach. This objection should be considered before proceeding to a consideration of the merits of the case.
Section 142 of the Code of Civil Procedure, was amended in the year 1923 [Stats. 1923, p. 78, sec. 2], and as it was thus amended it provided that in counties of the first class (the class to which Los Angeles County belongs), a session of the superior court could be held in a city such as Long Beach. This section of the code, as it then stood, was considered in the case of In re Brady, 65 Cal. App. 345 [ 224 Pac. 252 ], and was held to be unconstitutional, in so far as it attempted to authorize a session of the superior court in the city of Long…