Watt v. Bradley

Citations

• 95 Cal. 415
• 30 P. 557
• 1892 Cal. LEXIS 838

Syllabus

<p>Change of Place of Trial — Affidavit of Merits — Defective Title of Court. — An affidavit of merits, upon a motion for a change of venue made by a defendant, is not insufficient because of the omission of the names of the defendants from the title of the action, where the notice of motion states that the motion will be made “upon the affidavit and demand of defendant to change the place of trial, annexed and served with said notice, and upon said notice and all the papers and pleadings on file in said action,” and both the notice and demand were duly entitled in the action, and the affidavit was filed with the notice.</p> <p>Id.—Sufficiency of Affidavit — Belief of Advice of Counsel. — An affidavit of merits upon a motion for a change of venue, which alleges that the affiant fully and fairly stated all the facts relating to the action to his counsel, and that he is advised by him that he has a good, substantial, and complete defense on the merits of the action, is not defective because of failing to allege that the affiant believed the advice of his counsel.</p>