Chase

Chase v. South Pacific Coast Railroad

Good Law
1890 Cal. LEXIS 711·83 Cal. 468·23 P. 532
Supreme Court of CaliforniaMarch 25, 1890No. 12318California1,332 words

Opinion

Lead Opinion

Gibson, J.

This is an appeal from an order of the superior court of the county of Santa Cruz denying the defendant corporation’s motion for a change of venue to the city and county of San Francisco.

The grounds of the defendant’s motion are, that the obligation' or liability sued upon did not arise in the county of Santa Cruz; and that the defendant’s principal place of business is in the city and county of San Francisco.

Article 12, section 16, of the constitution of this state, declares: —■

The appellant contends that-the action is upon a tort arising from a conspiracy between it and certain lumber dealers, which prevented plaintiffs from carrying on their business, and could only be properly brought in the county where the liability arose, or whore the defendant’s principal place of business is situated. And as the complaint does not show where the conspiracy was formed, and the defendant, by the affidavit of its president, having shown *470 that none of the defendant’s alleged co-conspirators reside, or ever have resided, in the county of Santa Cruz, and that defendant’s principal place of business is at the city and county of San Francisco, the court erred in denying its motion for a…

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