Golden Cross Mining & Milling Co. v. Spiers

Citations

• 115 Cal. 247
• 47 P. 108
• 1896 Cal. LEXIS 1003

Syllabus

<p>Personal Action — Removal of Trustees of Mining Property — Injunction—Accounting—Damages—Place of Trial.—An action to remove trustees of mining property, to whom it was conveyed, with authority to work it, and pay the creditors of the grantor, and to sell it under certain contingencies, for their alleged inefficiency and mismanagement, and to enjoin a threatened sale of the property by them, and for an accounting of their trust, and for the recovery of damages for violation of the trust, and for the appointment of other trustees in their stead, is not a real, but a personal, action, which is triable in the county of the residence of the defendants; and the fact that the trust property is situated elsewhere cannot deprive the defendants of their right to the place of trial.</p>