S. Cal. Motor Rd. Co. v. San Bernardino Nat'l Bank

Good Law
100 Cal. 316
Supreme Court of CaliforniaNovember 10, 1893No. 19139California936 words

Opinion

lead Opinion

Belcher, J.

—This action was commenced in the superior court of San Bernardino county, and in due time the plaintiff moved that the place of trial be changed to another county, upon the ground that both of the judges of the court in which it was pending were disqualified to try it. The motion was heard before Hon. John L. Campbell, one of the judges of the said court, and denied, and from that order the plaintiff appeals.

It does not appear from the transcript what the character of the action is, but it is said in the brief for respondents that it was “ brought by appellant against respondents to obtain a judgment that a certain informally executed promissory note, given by appellant to respondent, the San Bernardino Hational Bank, is not the promissory note of appellant, and seeking, as inci *319 dental relief, to have said bank enjoined from, a threatened sale of certain first-mortgage bonds of appellant, pledged to secure the payment of said promissory note.”

The affidavit on which the motion was based was made by R W. Button, the president of the corporation plaintiff, and, as to Judge Campbell, it stated, in substance, that he, as plaintiff, had brought an action in the superior court…

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