Estrada v. Oreña

Decided July 1, 1880

California Supreme Court · decided 1880-07-01

<p>Appeal from an order changing the place of trial, in the First District Court, County of San Luis Obispo. Fawcett, J.</p>

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Decided 1880-07-01

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Cited by 8 later decisions — most recently May 1943

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Department No. 2, by the Court:

¶1This is an appeal from an order changing the place of trial from the District Court of San Luis Obispo County to the District Court of Santa Barbara County.

¶2On the 16th of July, 1879, defendant filed his answer; also, an affidavit of merits for change of place of trial. On the same day he gave to the attorneys of plaintiff notice of motion for the first Monday of September, 1879, to change the place of trial, upon the ground that San Luis Obispo County was not the proper county for the trial of the cause. He made no demand in writing that the trial be had in the proper county. Such demand in writing must be made. Notice of the motion is not such a demand as is required by § 396, Code of Civil Procedure.

¶3Order reversed.