 | California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...trial thereof, unless the ' • dumnncu tne action may, notwithstanding, be tried therein, jfr'oie? the unless the defendant, at the time he appears and answers...writing, that the trial be had in the proper county. trial of 1. When the county designated in the complaint is Place of not the proper county; to£S£§?*... | |
 | California - Civil procedure - 1872 - 774 pages
...county where cither of tho parties reside or service is had." 15 Cal. 220, 418; 22 Cal. 537. $ 306. (NS) If the county in which the action is commenced is not the proper county for tho trial thereof, the acîion may, notwithstanding, be tried therein, unless the defendant, at the... | |
 | California - Civil procedure - 1872 - 892 pages
...uot the proper county for the trial thereof, any county. J ' unless tho 260 CODE OF CIVIL PROCEDURE. demands, in writing, that the trial be had in the proper county. NOTE.— See note to Sec. 397. 307' (§ 210 Tne Court mav> on motion, change place of tritil in the... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...10.396. Action may be fried in any county, unless defendant demand trial in proper county. ' SEC. 396. 0" 1 10.397. Place of trial may be changed in certain cases. SEO. 397. The court may, on motion, change... | |
 | California - Civil procedure - 1876 - 888 pages
...action may bo tried in any county where either of tho parties residfl or service is had." $ 396. (N. 8.) If the county in which the action is commenced is...answers or demurs, files an affidavit of merits, and demanda, in writing, that the trial be had in the proper county. Pufe sections referred to in note... | |
 | Montana - Session laws - 1877 - 520 pages
...jurisdiction, shall be commenced and tried in the county to which such county may be so attached. SEC. 61. If the county in which the action is commenced is...writing, that the trial be had in the proper county. SEC. 62. The court may, on good cause shown, change the place of trial in the following cases: First.... | |
 | Montana (Ter.) - Law - 1877 - 956 pages
...however, to the power of the court to change the place of trial as provided in this act. 53 SEC. 61. If the county in which the action is commenced is not the proper county for the trial thereof, the notion may, notwithstanding, be tried therein, unless the defendant, at the time he appears and answers... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1907 - 548 pages
...real estate must be brought in the county where the same is situate, and section 2933, 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 answers demands... | |
 | Electronic journals - 1878 - 542 pages
...permitting a new affidavit to be filed. The Code provides that the cause shall be tried where brought unless the defendant, "at the time he appears and answers or demurs," files an affidavit of merits. (CCP, Section 396.) The new affidavit is not even an amendment of the first. It makes no reference... | |
 | California, Nathan Newmark - Civil procedure - 1880 - 786 pages
...the place of trial as provided in this Code. County where defendants reside— 15 Cal. 418. § 396. If the county in which the action is commenced is...defendant, at the time he appears and answers or demurs, liles an affidavit of merits, and demands, in writing, that the trial be had in the proper county.... | |
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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,... 
