 | Bancroft-Whitney Company - 1927 - 1196 σελίδες
...An affidavit of merits is frequently required when a motion for a change is made on the ground that "the county in which the action is commenced is not the proper county for . . . trial."4 Although the statutes requiring such an affidavit are similar the decisions vary as... | |
 | 1926 - 190 σελίδες
...Section 831c further provides that: "If the city in which the action is commenced is not the proper place for the trial thereof, the action may, notwithstanding,...tried therein, unless the defendant, at the time he answers, tiles an affidavit of merits, and demands, in writing, that the trial be had in the proper... | |
 | 1912 - 980 σελίδες
...case. ID. — IMPROPER PLACE OF TRIAL — NOTICE or APPLICATION FOR CHANGE NOT REQUIRED. — Where the county in which the action is commenced is not the proper county for the trial thereof, and such fact is made to appear by an affidavit of merits, accompanied by a demand in writing filed... | |
 | 1917 - 928 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... | |
 | 1917 - 930 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... | |
 | 1910 - 832 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." But even as held in these early cases plaintiff has not brought himself within the provisions of the... | |
 | California. Supreme Court - 1906 - 818 σελίδες
...of Civil Procedure read as follows : 396. " If the county in which the action is commenced is iiot the proper county for the trial thereof, the action...therein unless the defendant, at the time he appears and answers or demurs,' files an affidavit of merits, and demands, in writing, that the trial be had in... | |
 | California. Supreme Court - 1906 - 850 σελίδες
...commence his action, and he ought to follow the rule prescribed. He is indulged so far, however, that when the county in which the action is commenced is not the proper county for the trial, the action may nevertheless be tried therein, unless the defendant, at the time he appears and answers... | |
 | California. Supreme Court - 1906 - 798 σελίδες
...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. 2. It is contended by counsel for petitioner that, inasmuch as the petitioner is a national banking... | |
 | 1882 - 1254 σελίδες
...Reynolds, 38 Cal. 560.) Sections 396 and 397 of the Code of Civil Procedure read as follows: " 396. If the county in which the action is commenced is...therein, unless the defendant, at the time he appears and answers or demurs, files an affidavit of merits, and demands, in writing, that the trial be had in... | |
| |
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,... 
