Sayward

Sayward v. Houghton

Good Law
1890 Cal. LEXIS 616·82 Cal. 628·23 P. 120
Supreme Court of CaliforniaJanuary 29, 1890No. 13310California375 words

Opinion

Lead Opinion

Sharpstein, J.

Plaintiff appeals from an order granting defendant Houghton’s motion for change of place of trial from the county of San Bernardino to San Francisco, where defendant Houghton resides.

If Houghton had been the sole defendant, his right to have the place of trial changed would be undoubted. If the complaint states no cause of action against the corporation defendant, the right of Houghton to have the place of trial changed is not affected by making said corporation a defendant in the action. (Remington S. M. Co. v. Cole, 62 Cal. 311 .)

The gravamen of the complaint is the refusal of defendant Houghton to transfer to plaintiff three thousand shares of the stock of the corporation defendant, in the fulfillment of an alleged agreement to do so. The relief *630 demanded is that said defendant Houghton be required to transfer said shares of stock, and to account for and pay over to plaintiff the dividends received thereon, and, incidentally, that defendants, and each of them, their attorneys, servants, and employees, be perpetually enjoined and restrained from selling, transferring, or permitting to be transferred, any of the said three thousand shares of said capital stock of said…

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