White v. Fresno National Bank

Citations

• 98 Cal. 166
• 32 P. 979
• 1893 Cal. LEXIS 879

Syllabus

<p>Coeporation—Venue—Principal Plage of Business—Jurisdiction of Superior Court—Decision upon Application fob Prohibition—Res Judicata—Appeal.—In an action against a banking corporation brought out of the county where it has its principal place of business, where no motion was made to change the venue of the action to the county in which the principal place of the business of the corporation was situate, a decision upon an application of the defendant for a writ of prohibition to restrain further proceedings, upon the ground that the court had jurisdiction to proceed in the action, is res adjudícala as to that subject, and it will be considered as settled upon appeal from the judgment.</p> <p>Building Contract—Action by Conteactob—Defense—Failure to Complete Building in Time—Finding.—Where a contractor sued the owner of a building for a balance due for its construction, and the defense of the owner was based upon the failure of the contractor to complete the .building within the time agreed, a finding that such failure was not due to any fault or neglect of the contractors, hut was attributable entirely to the negligence of the defendant, if supported by the contractor’s evidence, will not he disturbed upon appeal.</p> <p>In.—Record of Contract—Plans and Specifications not Attached—Objection upon Appeal for First Time.—Where there was evidence tending to show that the contract sued-upon was filed in the recorder’s ofiice prior to the commencement of the work, and no evidence to the contrary, and there was no special demurrer to the complaint, or objection to the contract when offered in evidence, it is too late to object on appeal for the first time that the plans and specifications referred to in the contract were not attached and made part thereof, and that the contract in its entirety was not filed for record as required by the statute.</p>