Rathgeb v. Tiscornia

Citations

• 66 Cal. 96
• 4 P. 987
• 1884 Cal. LEXIS 695

Syllabus

<p>Practice—Change of Tenue—Eesidence of Defendants.—The place of trial of an action for damages commenced in a county in which none of the defendants reside will be changed to the proper county, on the application of the defendants who have been served with process.</p> <p>Id.—Disqualification of Judge.—The disqualification of the ,ludge of the proper county in no way affects the right of a defendant to a change of the place of trial.</p> <p>Id.—Affidavit of Merits.—There is no essential difference between an affidavit of merits which states that the defendant “ has fully and fairly stated the case in this action,” and one which states that he “ has fully and fairly stated the facts of the said case.”</p>