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57 Cal. 645

Buell v. Dodge

California Supreme Court

Decided July 1, 1881

California Supreme Court · decided 1881-07-01

<p>Appeal from an order changing the place of trial from the Superior Court of the County of Santa Barbara. Hatch, J.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1881-07-01

How this case has been cited

Cited by 16 later decisions — most recently July 1966

14 state decisions

30188118901900191019201930194019501960decided

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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The Court:

¶1The demand that the trial be had in San Francisco county was made by defendants when they demurred to the original complaint; by which complaint it appeared that the defendant Dodge (a resident of San Francisco) was the only defendant against whom the facts alleged would justify a judgment.

¶2Dodge’s right to a change of the place of trial is to be determined by the then conditions of the case, and could not be taken away by statements in an amended complaint subsequently filed.

¶3Order affirmed.

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