 | 1916 - 536 σελίδες
...section 396 of the Code of Civil Procedure provided that if an action be brought in the wrong county, the action may, notwithstanding, be tried therein, unless the defendant "at the time he appears and answers or demurs," files an affidavit of merits and asks for a change of venue. By amendment of 1907,... | |
 | 1917 - 1220 σελίδες
...claim that such affidavit is required. It is true that a defendant, asking a change on the ground that the county in which the action is commenced is not the proper county for the trial, must file an affidavit of merits. This is the express provision of section 396 of the Code of Civil... | |
 | 1918 - 1328 σελίδες
...which the court rested its judgment is found at section 208 of the Code (Rein.), and reads as follows: "If the county in which the action is commenced is...demands that the trial be had in the proper county." The question then is, Must a defendant against whom a transitory action is brought in a county different... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1918 - 826 σελίδες
...personal property." And in § 208, relating to the commencement of actions in the wrong county, we read: "If the county in which the action is commenced is...notwithstanding, be tried therein, unless the defendant . . . demands that the trial be had in the proper county." There is nothing in this record indicating... | |
 | 1918 - 1354 σελίδες
...of actions In the wrong county, we read: "If the county in which the action is commenced is not tlie proper county for the trial thereof, the action may,...notwithstanding, be tried therein, unless the defendant * » » demands that the trial be had in the proper county." There Is nothing In this record indicating... | |
 | 1918 - 1212 σελίδες
...RONO COUNTY — COMPLIANCE WITH STATUTE — SUFFICIENCY. Under Rem. Code 1915, § 208, providing that if the county in which the action is commenced is not the proper county for trial, the action may be tried therein unless defendant at the time he appears and demurs or answers... | |
 | 1918 - 1344 σελίδες
...COMPLIANCE WITH STATUTE— SUFFICIENCY. Under Rem. Code 1915, § 208, providing that if the couuty in which the action is commenced is not the proper county for trial, the action may be tried therein unless defendant at tfcaFor other cases see ваше topic and... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1919 - 828 σελίδες
...is not the proper county the action may, notwithstanding, be Opinion Per MACKINTOSH, J. [103 Wash. tried therein, unless the defendant at the time he appears and demurs or answers, demands that the trial be had in the proper county. It is too late, after all the issues are made up... | |
 | James Manford Kerr - 1919 - 998 σελίδες
...change of venue as matter of absolute right, but only as in other cases and for other reasons than that the county in which the action is commenced is not the proper county.12 The provision of the constitution is permissive, not mandatory.18 One who is involuntarily... | |
 | 1920 - 1286 σελίδες
...The application for a change of place of trial is based upon section 6505 of our Code, as follows: "If the county in which the action is commenced is...trial thereof, the action may. notwithstanding, be trier! therein, unless the defendant, at the time he appears and answers or demurs, files an affidavit... | |
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If the county in which the action is commenced is not the proper county for the trial thereof, the action may, notwithstanding, be tried therein unless the defendant, at the time he appears and answers or demurs, files an affidavit of merits and demands,... 
