Brooks v. Douglass

Citations

• 32 Cal. 208

Syllabus

<p>Trial after Change of Venue.—If the defendant procures a change of venue, the plaintiff may pay the costs and transmit the papers to the county fixed as the place of trial, and have the case placed on the calendar and tried.</p> <p>New Trial on Ground of Surprise.—In order to sustain a motion for a now trial on the ground of surprise, the moving party must show not only surprise, but that he is injured by it, and this he must do by showing what case he can establish in the event of a new trial.</p> <p>Issues of Law and Fact.—When there is both a demurrer and an answer to the same complaint, raising both an issue of law and fact, the issue of law should first be disposed of.</p> <p>Idem.—When there are both issues of law and fact joined in the same cause, and the cause is tried on the issues of fact and a judgment rendered, the presumption will be indulged, on appeal, that the issue of law had first been disposed of.</p> <p>Demurrer and Answer.—An issue of law and fact should not be mixed in an answer. A demurrer should be filed as a separate pleading.</p>