Null
Null v. Superior Court
Opinion
Lead Opinion
Chipman, J.
The following facts appear from the petition and the return: Petitioner is a resident of Shingle-town township, Shasta county, and executed his promissory note, of which the following is a copy:
The payee commenced an action on said note against the maker (petitioner here) in the justices’ courts of Anderson township, said county, at which time the maker was a resident of Shingletown township; summons was issued in said action and was served in Redding township, said county, and was returned and filed with the justice of the peace in Anderson township; the defendant in that action filed a demurrer to the complaint for insufficiency of facts and that the court “has no jurisdiction of the person of the defendant or the subject of the action,” which was overruled, and the defendant answered alleging part payment and tendering the amount still alleged to be due plaintiff; subsequently, defendant (petitioner here) moved, on affidavit, for a change of the place of trial on the ground of bias of the justice of the peace ;. the motion was granted and the cause transferred to Red-ding township. It appears that upon the filing of the papers with the 'justice of the peace of Redding…