Griffin & Skelly Co. v. Magnolia & Healdsburg Fruit Cannery Co.

Citations

• 107 Cal. 378
• 40 P. 495
• 1895 Cal. LEXIS 762

Syllabus

<p>Change of Place of Trial—Action Against Corporation—Joinder of Stockholder—Place of Contract.—Where a plaintiff commenced an action against a corporation for damages resulting from a breach of contract, in the bounty where the contract was made, and joined as a codefendant, a stockholder in the corporation, to recover his proportionate amount of the corporate liability, such stockholder being a resident of another county in which the corporation has its principal placa of business, upon an affidavit showing these facts, the defendants are entitled to a change of the place of trial to the latter county.</p> <p>Id.—Construction of Constitution—Joinder of Defendants—Waiver of right—Trial in County of Residence.—The plaintiff is entitled, as of right to the privilege given by section 16 of article XII of the constitution to sue a corporation in the county where the contract was made only when the corporation is the sole defendant in the action; and, if he chooses to join as defendants in the action others whose residence is in a different county, he waives the benefit of the provision, and cannot deprive them of a right held by them to have the action tried in the county of their residence.</p> <p>Id.—Trial of Demurrer—Joinder of Parties.—The trial of a demurrer as to whether a stockholder could be united in the same action with the corporation cannot be had until after a decision upon the motion to change the place of trial</p>