Parrish

Parrish v. Riverside Trust Co., Ltd.

Good Law
1907 Cal. App. LEXIS 43·7 Cal. App. 95·93 P. 685
Court of Appeal of CaliforniaDecember 7, 1907Civ. No. 423.California725 words

Opinion

Lead Opinion

Allen, J.

Appeal by defendants from an order of the superior court of San Bernardino county transferring a cause for trial to the county of Los Angeles. The action was originally brought in San Bernardino county..

The defendants in due time filed affidavits showing that both judges of San Bernardino county were interested in the result of the suit, and, therefore, under section 170, Code of Civil Procedure, disqualified to sit and act; and, further, that Riverside county was the nearest and most accessible county. The plaintiffs thereupon filed affidavits in no respect controverting those of defendants, but which show that the judge of the superior court of Riverside county was also interested in the result of the suit, and, therefore, disqualified to sit and act. Defendants thereupon filed an.additional affidavit showing that the superior judge of Orange county was also interested in the result of the suit, it appearing that Orange county, next to Riverside county, was the nearest and most accessible county to that of San Bernardino. The superior court of San Bernardino county thereupon made its order, reciting the disqualification of the judges of the three counties named, and ordering…

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