Cohen

Henderson v. Cohen

Good Law
10 Cal. App. 580·1909 Cal. App. LEXIS 328·102 P. 826
Court of Appeal of CaliforniaMay 13, 1909Civ. No. 535.California1,867 words

Opinion

Lead Opinion

Hart, J.

The court below made an order declining to grant the motion of the defendants for a change of the place of trial, and this appeal is taken by said defendants from said order.

The defendants appeared and demurred to the complaint specifically and generally, and at the same time filed an affidavit of merits and the demand required by section 398 of the Code of Civil Procedure and gave notice of their intention to move for a change of the place of trial to the county of Alameda.

The action was instituted for the purpose of recovering against the appellants judgment for the sum of $498.15, alleged to be originally due and owing the assignors of plaintiff for furnishing materials and for services rendered to the defendants “in repairing and building wagons, vehicles and other personal property.”

The grounds of the motion, as set forth in the notice, were the following: “That the County of San Joaquin, State of California, is not the proper county for the trial of said action and that the County of Alameda, State of California, is the proper county for the trial of said action; that the defendants are not, and never have been, residents of said County of San Joaquin, but that they…

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