Nolan v. Mcduffie

Citations

• 125 Cal. 334
• 58 P. 4
• 1899 Cal. LEXIS 858

Syllabus

<p>Change of Place of Trial—Nonresident Defendant—Affidavit of Merits.—A nonresident defendant in an action to recover money, who, at the time of filing a demurrer to the complaint, filed a proper demand for the change of the place of trial to the county of his residence, and an affidavit of merits, showing the county of his residence, and that he has “fully and fairly stated the case in this cause” to his attorneys, naming them, and that, after such statement, he is by each of them advised, and verily believes, that he has “a good and substantial defense on the merits to said action,” makes a sufficient showing of merits to entitle him to the change demanded.</p> <p>Id.—Dehueeer to Complaint—Jurisdiction of Coubt—Invalid Obdeb.—Pending the hearing of a motion for the change of the place of trial by a nonresident defendant, and until it is passed upon, the court has no jurisdiction to hear and determine a demurrer to the complaint; and its order made in passing upon the same is a nullity. If the motion should be granted, the defendant is entitled to have the demurrer passed upon in the county of his residence.</p>