Watkins v. Degener

California Supreme Court

Watkins v. Degener

63 Cal. 500, 1883 Cal. LEXIS 513

CourtCalifornia Supreme Court

DecidedJune 14, 1883

StatusPublished

Cited by14 cases

This text of 63 Cal. 500 (Watkins v. Degener) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Watkins v. Degener, 63 Cal. 500, 1883 Cal. LEXIS 513 (Cal. 1883).

Pincite

Opinion

Per Curiam.

When the action is not one of those mentioned in sections 392, 393 of the Code of Civil Procedure, and the defendant resides without the county where it has been commenced, it is the right of the defendant, upon satisfying the court of his residence, to have the place of trial changed, if, at the time he appears and answers, or demurs, he files an affidavit [501]*501of merits and demands in writing that the trial be had in the proper county. (Code Civ. Proo, §396.)

The affidavit of merits was sufficient.

Order affirmed.

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Per Curiam.

When the action is not one of those mentioned in sections 392, 393 of the Code of Civil Procedure, and the defendant resides without the county where it has been commenced, it is the right of the defendant, upon satisfying the court of his residence, to have the place of trial changed, if, at the time he appears and answers, or demurs, he files an affidavit [501]*501of merits and demands in writing that the trial be had in the proper county. (Code Civ. Proo, §396.)

The affidavit of merits was sufficient.

Order affirmed.

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Bluebook (online)

63 Cal. 500, 1883 Cal. LEXIS 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-degener-cal-1883.

Opinion

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