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79 Cal. 605

Franklin v. Dutton

California Supreme Court

Decided July 4, 1889

California Supreme Court · decided 1889-07-04

<p>Appeal from an order of the Superior Court of Santa Barbara County changing the place of trial.</p> <p>The facts are stated in the opinion of the court.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1889-07-04

How this case has been cited

Cited by 10 later decisions — most recently April 1981

10 state decisions

5018891890190019101920193019401950196019701980decided

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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Sharpstein, J.

¶1—This action was commenced in the superior court of the county of Santa Barbara for the *606reformation of a contract for the sale by plaintiffs to defendant of a certain tract of land lying in .said county. Defendant demurred to the complaint, and at the same time demanded a change of the place of trial to San Francisco, the place of his residence. The court made an order changing the place of trial as demanded. From that order plaintiffs appealed, and contend here that under section 392 of the Code of Civil Procedure they are entitled to have the action tried in the county of Santa Barbara, where it was commenced. If it be an action for the determination, in any form, .of a right or interest in real estate situated in Santa Barbara County, it must be tried in that county.

¶2This action, as we construe it, is for the determination of a right or interest in real estate.

¶3Order reversed.

¶4Works, J., Paterson, J., Thornton, J., and Beatty, C. J., concurred.

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