Lakeshore Cattle Co. v. Modoc Land & Livestock Co.

Citations

• 108 Cal. 261
• 41 P. 472
• 1895 Cal. LEXIS 853

Syllabus

<p>Place of Trial—Corporation.—Under section 16 of article XII of the. constitution, an action against a corporation may be brought in the county where the obligation sued on arose, and a motion to change the place of trial to the county where the principal place of business of the corporation is situated is properly denied.</p> <p>Id.—Appeal—Conflict of Evidence — Refusal to Change Venue.— Where the facts alleged in the complaint, showing that the obligation sued on arose in the county where the action was brought, are controverted by an affidavit of the defendant, the supreme court cannot, in view of such conflict, interfere with the order of the trial court refusing to change the place of trial.</p> <p>Id.—Notice of Mode—Reference to Complaint.—The trial court may properly consider the allegations of the complaint in determining the motion for the change of the place of trial, where the defendant’s notice of the motion stated that it would be based upon certain affidavits, “ and upon all the papers, files, records, and proceedings” in the action.</p>