gno.law

Barnhart v. Fulkerth

California Supreme Court · No. 7,189 · 1881-07-15 · Published · 59 Cal. 130

H. BARNHART v. A. S. FULKERTH

Area
civil

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

The Court:

The Judge of the Superior Court having been attorney and of counsel in the proceeding (Code Civ. Proc. § 170), should have granted the motion to change the place of trial. (Code *131Civ. Proc. § 398.) Such was the law when the motion was made. (Const., art. xxii, §§ 1, 12.)

Order reversed, and Court below directed to order the cause to be transferred for trial to the appropriate Superior Court.

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