Holbrook, Merrill & Stetson v. Superior Court of Sacramento County

This is a proceeding to review the action of the superior court of the county of Sacramento, Hon. A. P. Gatlin, judge, in a cause wherein the petitioner was plaintiff and Samuel Caldwell was defendant.

The petitioner commenced an action in the justice’s court, in the county of Sacramento, against said Caldwell, a resident of Woodland township, in Yolo county, alleging in the complaint that the defendant promised to pay the moneys sued for to the plaintiff at the city of Sacramento, and service was made upon the defendant in Yolo county.

The defendant appeared specially in the justice’s court and served and filed notice of a motion to dismiss the action based upon the complaint in the action, the return of service upon the defendant, and an affidavit of the defendant showing that he was a resident of Woodland township, Yolo county, and stating facts tending to show that the liability upon which the suit was brought was a contract made and to be performed in said Yolo county.

This motion was noticed for March 28th, which was one day after the time for answering expired, and, to avoid a default, defendant obtained an extension of time to answer until March 30th. In the mean time…