Warner v. Warner

Citations

• 100 Cal. 11
• 34 P. 523
• 1893 Cal. LEXIS 741

Syllabus

<p>Divorce—Place of Commencement of Action—Change of Place of Trial—Residence of Defendant—Construction of Code.—Section 128 of the Civil Code, which provides that an action for divorce must be brought in the county of the plaintiff’s residence, must be read in connection with sections 395 and 397 of the Code of Civil Procedure, and is a mere limitation as to the place for the commencement of the action, and is not inconsistent with the latter sections, which provide for the change of place of trial of actions; and a defendant in such action has the right to a change of place of trial to the county in which he resides, upon proper demand therefor.</p> <p>Id.—Joinder of Real and Personal Actions—Divorce and Division of Community Property—Joint Demand for Change of Venue.— Where real and personal actions are joined in the same complaint the action must be tried in the county of the defendant’s residence; and an action by a wife for a divorce, which also seeks a division of the community property, and to set aside a fraudulent conveyance of such property by the husband to a codefendant, may be removed to the county of the husband’s residence, if the grantee in the alleged fraudulent conveyance joins the husband in the demand therefor.</p>