Tooms v. Randall

Citations

• 3 Cal. 438

Syllabus

<p>Where a motion was made to change the venue, on the ground that neither of the parties resided in the district; where no objection was made in the answer, and after nearly six months had elapsed before the objection was taken: Held, that the motion came too late, and was properly rejected.</p> <p>Matter in abatement, or which was such at common law (as the motion in this case), must be set up in the answer, and with such particularity as to exclude every conclusion to the contrary.</p>