Pearkes v. Freer

Citations

• 9 Cal. 642

Syllabus

<p>It is not necessary, in an action against a sheriff, to recover damages, (in addition to the $200 imposed by law as a penalty,) for a failure to execute and return process, that two suits should be brought. Damages and the penalty may be recovered in one suit.</p> <p>The right to have a cause tried in a particular county, is one which a party may waive, either expressly, or by implication.</p> <p>An objection to the venue, if made on grounds appearing in the complaint, must be made at or before the time of filing the demurrer, or it will be deemed waived.</p>