Grewell v. Walden

Citations

• 23 Cal. 165
• 1863 Cal. LEXIS 215

Syllabus

<p>The plaintiff in an action may have the place of trial changed upon a proper showing made under the twenty-first section of the Practice Act, and it is error in the Court to refuse it.</p> <p>In pleading, it is the ultimate and not the probative facts, which should be averred; and it is error in the Court to exclude evidence offered to establish the probative facts, although they are not averred in the complaint.</p>