Estep v. Armstrong

Citations

• 69 Cal. 536
• 11 P. 132
• 1886 Cal. LEXIS 681

Syllabus

<p>Fraudulent Repbesentations—Action to Recoveii eor—Pleadings. — The action was brought to have the defendant declared a trustee for the plaintiff of a balance alleged to be due on a certain promissory note. The note was executed by the defendant to the plaintiff, and was surrendered by her upon the payment by the defendant of am amount less than that apparently due thereon. The complaint alleged that the plaintiff was induced to surrender the note by reason of certain fraudulent representations of the defendant as to the amount due, but failed to allege that she was misled thereby. Held, that the complaint was insufficient.</p> <p>Change of Venue — Order for — Payment of Costs on — Setting aside Order. —The court in which the action was commenced made an order for the transfer of the cause for trial to the county in which the defendant resided, on condition that the defendant pay certain costs. The order did not specify any time within which the costs should be paid. Fourteen days afterwards, the court, on an ex parte application, set aside the order of transfer for the reason that the costs had not been paid, although the defendant then and there offered to pay the same. Held, that the order setting aside the order of transfer was properly made.</p>