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1 Cal. Unrep. 138

Prader v. Merchant

California Supreme Court

Decided June 6, 1864

California Supreme Court · decided 1864-06-06

<p>Venue — Change for Convenience of Witnesses. — Where the court is satisfied from the affidavits that the convenience of witnesses requires the action to be tried in the county in which it was brought a change of venue should be denied.</p>

Relies on Loehr v. Latham · People v. Fisher · Sloan v. Smith

Decided 1864-06-06

SHAFTER, J.

¶1This is an appeal from an order refusing to change the place of trial. The change was moved for by the defendants, and on the ground that they were residents of the county of Sonoma, to which county they sought to have the case transferred from Sacramento county, where the action was brought.

¶2The plaintiff resisted the motion on the ground that the convenience of witnesses required that the case should be tried in the county of Sacramento.

¶3On inspecting the affidavits used on the hearing of the motion in the district court, we are satisfied that there was no *139abuse of discretion on the part of the court in denying the motion: Sloan v. Smith, 3 Cal. 410; People v. Fisher, 6 Cal. 154; Loehr v. Latham, 15 Cal. 418.

¶4The order is affirmed.

We concur: Sanderson, C. J.; Sawyer, J.; Currey, J.; Rhodes, J.
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