 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,...  The Pacific Reporter - Página 2671912Vista completa - Acerca de este libro
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 páginas
...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 - 1872 - 774 páginas
...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 - 1872 - 892 páginas
...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 - 1876 - 986 páginas
...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 - 1876 - 888 páginas
...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 - 1877 - 520 páginas
...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.) - 1877 - 956 páginas
...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 - 1907 - 548 páginas
...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... | |
 | 1878 - 542 páginas
...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 - 1880 - 786 páginas
...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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