McSherry v. Pennsylvania Consolidated Gold Mining Co.

Citations

• 97 Cal. 637
• 32 P. 711
• 1893 Cal. LEXIS 601

Syllabus

<p>Change of Place of Trial — Motion upon Filing of Demurrer—. Counter-motion — Convenience of Witnesses — Impartial Trial. —Where a motion for a change of the place of trial is made upon the filing of a demurrer to the complaint without filing an answer, the plaintiff cannot, by cross-motion, demand the retention of the action in the county where it is pending on the ground of convenience of witnesses, and that an impartial trial cannot be had in the county to which the action is sought to be transferred.</p> <p>Id.—Demand — Joinder of Defendants.—It is not necessary that all the defendants in an action should join in a demand for a change of venue.</p> <p>Id. —Affidavit of Merits by One Defendant for All. —An affidavit of merits, used at the hearing of a motion for a change of'venue, in behalf of each and all the defendants, made by one of the defendants therein, which recites that the affiant makes it for each and all of the defendants and at their request, and that the affiant and the other defendants have fully and fairly stated the. facts of the case to their attorneys, who, • upon such statement, advised each and all of them that they had a good and substantial defense upon the merits of the action, which each and all of them believed to be true, is in all respects sufficient, and is not objectionable because made by one of the defendants only.</p> <p>Id. — Residence of Corporation — Principal Place of Business. — The place of residence of a corporation is in the county where its principal place of business is situated, and that is the proper county, within the meaning of section 395 of the Civil Code, where an action against the corporation for an accounting, and a recovery of shares of its capital stock, alleged to have been illegally sold for delinquent assessments, must be tried, subject, however, to the other grounds of this and the following section, and the provisions of section 16 of article XII. of the constitution, and to the power of the court to c