Brady v. Times-Mirror Co.

Citations

• 106 Cal. 56
• 39 P. 209
• 1895 Cal. LEXIS 568

Syllabus

<p>Action Against Corporation—Libel — Place of Trial—Parties— Waiver of Right.—Under section 16 of article XII of the constitution an action against a corporation for the publication of a libel against the plaintiff in a newspaper circulated in the county of the plaintiff’s residence, but published by theT corporation in the place in which its principal place of business is located, may be brought and tried in the county of the plaintiff's residence if the corporation is sued alone; but by including in the action other defendants, whose residence is outside of the county in which the action is brought, the plaintiff waives the right given by the constitution, and the motion of the defendants for a change of the place of trial must be determined by the provisions of the statute.</p> <p>Id.—Change of Place of Trial—Amendment of Pleading—Rights of Defendants.—The defendants have a right to have their motion for a change of venue determined upon the pleadings as they stand at the time of the motion, and it is the duty of the court to hear and determine the motion for change of venue before taking any other judicial action in the case, and it cannot, after the motion is made, defeat it by allowing an amendment of the complaint striking out other defendants who were joined as such at the time of the making of the motion.</p> <p>Id.—Suspension of Power of Court.—A motion for the change of the place of trial intercepts all judicial action in the case, and suspends the power of the court to act upon any other question, until the motion has been determined.</p> <p>Dismissal of Action—Judgment of Dismissal—Pendency of Action.— An action may be dismissed by the plaintiff upon the payment of costs by entry in the clerk’s register; but, until a judgment of dismissal is entered, the action is still pending against the defendant.</p>