gno.law

Watkins v. Degener

California Supreme Court · · 1883-06-14 · Published · 63 Cal. 500 · 1883 Cal. LEXIS 513

HENRY WATKINS v. E. DEGENER

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

Per Curiam.

When the action is not one of those mentioned in sections 392, 393 of the Code of Civil Procedure, and the defendant resides without the county where it has been commenced, it is the right of the defendant, upon satisfying the court of his residence, to have the place of trial changed, if, at the time he appears and answers, or demurs, he files an affidavit *501of merits and demands in writing that the trial be had in the proper county. (Code Civ. Proo, §396.)

The affidavit of merits was sufficient.

Order affirmed.

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