Phillips v. Logan
Dixon L. Phillips v. Bertie Logan
- Proceeding
- appeal from an order
- Trial court
- Superior Court of Kings County
- Trial judge
- John G. Covert
- Outcome
- other — The facts are stated in the opinion of the court.
- Area
- civil
- Panel
- Shaw (author), —
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
Plaintiff appeals from an order of the superior court granting defendant's motion for a change of the place of trial from Kings county to the county of Napa, wherein she resided at the time of the commencement of the action.
The error in the court's ruling is based upon the alleged insufficiency of the affidavit of merits made by defendant, wherein it was stated "that affiant has fully and fairly stated the facts of her case herein to her attorney," by whom she was advised that she had a good and valid defense upon the merits of the action. Upon the authority of Nickerson v. CaliforniaRaisin Co., 61 Cal. 268, and People v. Larue, 66 Cal. 235, [5 P. 157], the court erred in granting the motion. The statement contained in the affidavit of merits that defendant had stated her case was, in effect, saying that she had stated merely her defense.
The order appealed from is reversed.
Allen, P. J., and James, J., concurred.
Cites, in this corpus
- People ex rel. State Bd. of Harbor Comm'rs v. Larue No. 9,519 · 1884-12-16
- Nickerson v. California Raisin Co. No. 7,910 · 1882-08-22
Cited by
- Wells v. Wells Civ. No. 13073 · 1946-04-25
- Slater v. Selover Civ. No. 1594. · 1914-09-25