Rowland v. Coyne

Citations

• 55 Cal. 1

Syllabus

<p>Appearance.—In an action against several defendants—one of whom had. not been served with summons—a demurrer was served and filed, beginning with the words, “And now come the defendants, etc.,” and signed C. P. & S., “attorneys for defendants”: Held, that this was an appearance of all . the defendants under the express provisions of the Code. (Code Civ. Proc. §1014.)</p> <p>Change of Place of Trial—Affidavit of Merits.— Upon a motion to change the place of trial, in an action against a Sheriff and his sureties, on the ground that the action was not brought in the proper county: Held, that the affidavit of merits (quoted in the opinion) was sufficient; and also, that it was not necessary for affidavits to be filed by the other defendants.</p>