City of Oakland v. Oakland Water Front Co.

This is an appeal by the defendant, a corporation, from an order of the superior court of Alameda county denying a motion of defendant for a change of the place of trial of this action from said county to some other county.

The respondent is a municipal corporation. In the complaint it is averred that the respondent is the owner in fee of certain *251 lands described as lying in front of said city of Oakland “below the line of ordinary high tide of the bay of San Francisco”; that appellant “claims some interest and estate in and to said lands” adverse to respondent; and that “this action is brought to determine such adverse claim.” The appellant in its answer dearies the title of respondent and sets up title in itself.

The motion was based upon the facts, shown by affidavit and admitted to be true, that there are four judges of the superior court of Alameda county; that one of them was “an inhabitant and a resident and elector of the city of Oakland,” and was “the owner of property, real and personal, assessed,” and subject to assessment and taxation by the city for all municipal purposes; that each of the others was an owner “of property” in the city assessed, etc., for…