Thompson v. Wood

Citations

• 115 Cal. 301
• 47 P. 50
• 1896 Cal. LEXIS 1009

Syllabus

<p>Action against Executors—Claim against Estate—Place of Trial— Construction of Code—Public Officers—Residence of Executors —Change of Venue.—An executor is not a public officer within the meaning of subdivision 2 of section 393 of the Code of Civil Procedure, relating to the place of trial of actions, and has no official residence; and executors sued upon a claim against the estate of the decedent in the county in which the estate is being administered, but who reside in another county, are entitled upon proper motion to a change of venue to the county of their residence, where no counter-motion is made that the case be retained for the convenience of witnesses, and no facts are shown in reply to the motion.</p> <p>Id.—Waiver of Costs against Executors.—The fact that the plaintiffs, at the hearing of the motion for a change of venue, waived their claim for costs against the executors personally, and agreed to look to the estate alone for them, did not affect the right of the executors to a change of venue to the county of their residence.</p>