Stockton Combined Harvester & Agricultural Works v. Houser

Citations

• 103 Cal. 377
• 37 P. 179
• 1894 Cal. LEXIS 782

Syllabus

<p>Change op Place op Trial—Convenience op Witnesses—Discretion— Appeal.—Applications for a change of the place of trial, for the convenience of witnesses, are addressed to the sound legal discretion of the trial court, and its action cannot be disturbed upon appeal, unless it clearly appears that there was an abuse of that discretion.</p> <p>Id.—Stipulation Admitting Pacts to Be Proved—Counter-affidavits—Denial op Motion.—Where the plaintiff files affidavits showing that the convenience of witnesses in support of the complaint require? a change of the place of trial, if the defendant files a stipulation admitting that all the facts alleged in the complaint are true, and thus obviates the necessity of proving them, no counter-affi davits are necessary, and the court does not abuse its discretion in denying the motion.</p>