 | California - 1872 - 774 páginas
...county in which the action is commenced is not the proper county for tho trial thereof, the acîion may, notwithstanding, be tried therein, unless the...and demands, in writing, that the trial be had in Яю proper county. Fufe sections referred to m note to § 392. $ 397. (j 21.) The court may, on motion,... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 páginas
...trial thereof, unless the ' • dumnncu tne action may, notwithstanding, be tried therein, jfr'oie? the unless the defendant, at the time he appears and answers...writing, that the trial be had in the proper county. trial of 1. When the county designated in the complaint is Place of not the proper county; to£S£§?*... | |
 | California - 1872 - 892 páginas
...uot the proper county for the trial thereof, any county. J ' unless tho 260 CODE OF CIVIL PROCEDURE. demands, in writing, that the trial be had in the proper county. NOTE.— See note to Sec. 397. 307' (§ 210 Tne Court mav> on motion, change place of tritil in the... | |
 | California, Theodore Henry Hittell - 1876 - 986 páginas
...demand trial in proper county. ' SEC. 396. If the county in which the action is commenced is not the 76 10.397. Place of trial may be changed in certain cases. SEO. 397. The court may, on motion, change... | |
 | California - 1876 - 888 páginas
...residfl or service is had." $ 396. (N. 8.) If the county in which the action is commenced is not the proper county for the trial thereof, the action may,...answers or demurs, files an affidavit of merits, and demanda, in writing, that the trial be had in the proper county. Pufe sections referred to in note... | |
 | Montana - 1877 - 520 páginas
...such county may be so attached. SEC. 61. If the county in which the action is commenced is not the proper county for the trial thereof, the action may,...writing, that the trial be had in the proper county. SEC. 62. The court may, on good cause shown, change the place of trial in the following cases: First.... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1907 - 548 páginas
...has since been repealed, provided that : "If the county in which the action is commenced is not the proper county for the trial thereof, the action may,...appears and answers or demurs files an affidavit of merit and demands in writing that the trial be had in the proper county." Respondent contends that... | |
 | Montana (Ter.) - 1877 - 956 páginas
...county in which the action is commenced is not the proper county for the trial thereof, the notion may, notwithstanding, be tried therein, unless the...files an affidavit of merits, and demands, in writing, tliat the trial be had in the pro|>er county. SEC. 62. The court may, on good cause shown, change the... | |
 | 1878 - 542 páginas
...permitting a new affidavit to be filed. The Code provides that the cause shall be tried where brought unless the defendant, "at the time he appears and answers or demurs," files an affidavit of merits. (CCP, Section 396.) The new affidavit is not even an amendment of the first. It makes no reference... | |
 | Morris March Estee - 1878 - 648 páginas
...he appears and answers or demurs. He must at the same time file an affidavit of merits, and a demand in writing, that the trial be had in the proper county: Code CP, sec. 396; see, also, Pearkes v. Freer, 9 Cal. 643; Jones v. Frost, 28 Id. 246, and Mahe v. Reynolds,... | |
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If the county in which the action is commenced is not the proper county for the trial thereof, the action may, notwithstanding, be tried therein, unless the defendant, at the time he appears and answers or demurs, files an affidavit of merits, and demands,... 
