Younglove v. Steinman

Citations

• 80 Cal. 375
• 22 P. 189
• 1889 Cal. LEXIS 921

Syllabus

<p>Change of Place of Trial—Notice of Motion—Jurisdiction. —When the place o£ trial of an action is changed, it is not necessary to the validity of a notice of a motion that the court to which the trial is changed should have jurisdiction of the cause by the previous filing of the papers. It is enough that the court had jurisdiction when the motion was made, and that the notice was sufficient as to time. The notice of a motion is not a proceeding in court.</p> <p>Papers Used on Hearing of Motion—Discretion. —The court has discretion, on the hearing of a motion, to consider evidence outside of the papers on file when notice of the motion was given, if necessary to aid in arriving at its proper determination.</p> <p>Corporation — Assessment upon Stock—Meetings of Board.—When the evidence shows that written notices were sent to all of the directors of a corporation of a meeting of the board at which an assessment was levied upon the stock, and the minutes of the meeting prove the other facts necessary to show that the meeting was regularly and legally held, and that the assessment was properly made, a finding that the meeting was duly and regularly convened, and that the assessment was lawfully and rightfully levied, will be sustained.</p> <p>Id. — Electric Light Company — Assessment for Repairs. — An assessment by an electric light company for necessary repair of its engine and machinery, without which it cannot answer the demands upon it for the supply of electric lights, is clearly authorized by the provisions of section 331 of the Civil Code.</p>