County of Yuba v. North America Consolidated Gold Mining Co.

Defendants, North America Consolidated Gold Mining Company and Charles S. Deisem, moved for a change of the place of trial either to Sierra county or Santa Clara county. The court granted their motion to transfer the case, but designated the county of Sacramento as the place of trial. The trial judge, in making his order, rendered the following opinion in which the facts appear and in which we think the learned trial judge correctly states the law:

Defendants have filed no brief. We discover no point in plaintiff’s brief which is not satisfactorily disposed of by the opinion of Judge McDaniel, except the point made by plaintiff that section 394, Code of Civil Procedure, is violative of section 16, article XII, and subdivisions 3 and 4,. section 25, article IV, of the constitution.

Section 16, article XII, reads as follows: “Sec. 16. A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases.”

It seems…