People ex rel. Burdell v. Probate Court of Marin County

Citations

• 46 Cal. 245
• 1873 Cal. LEXIS 165

Syllabus

<p>Change of Vende by Probate Court.—The Probate Court of a county has jurisdiction to change the place of trial of an issue of fact to the Probate Court of another county.</p> <p>Practice on Change of Vende in Probate Court.—When the place of trial of an issue of fact in the Probate Court is changed to another county, the Clerk of the Court to which the case .is sent can certify a transcript of the proceedings and result of the trial back, and the Court from which the case was sent can enter the appropriate judgment.</p> <p>Change of Vende in Probate Court.—When an issue of fact is joined in a Probate Court as to the competency of a testator to make a will, and three trials had at great expense, in which the juries disagreed, have shown that an impartial jury cannot be obtained, it is not error to change the venue.</p>