From Casetext: Smarter Legal Research

McAulay v. Truckee Ice Co.

Supreme Court of California
Apr 24, 1889
79 Cal. 50 (Cal. 1889)

Opinion

         Appeal from an order of the Superior Court of Nevada County changing the place of trial.

         COUNSEL:

         Fred Searls, for Appellant.

          George A. Knight, for Respondent.


         JUDGES: In Bank. Foote, C. Hayne, C., and Belcher, C. C., concurred.

         OPINION

          FOOTE, Judge

         An appeal from an order changing the place of trial of the cause.

         The appellant in such case "must furnish the court with a copy of the notice of appeal, of the. .. . order appealed from, and of papers used on the hearing in the court below." (Code Civ. Proc., sec. 951.)

         A copy of the notice of appeal, and of the order appealed from is in the record, but there are no papers identified as having been used on the hearing of the motion to change the place of trial.

         The court below had the [21 P. 435] power in certain contingencies to make the order. (Code Civ. Proc., sec. 397.) "There being no showing to the contrary," it must be presumed to have exercised "its power properly, and within the rules prescribed by law." (Pardy v. Montgomery , 77 Cal. 326.)

         We therefore advise that the order be affirmed.

         The Court. -- For the reasons given in the foregoing opinion, the order is affirmed.


Summaries of

McAulay v. Truckee Ice Co.

Supreme Court of California
Apr 24, 1889
79 Cal. 50 (Cal. 1889)
Case details for

McAulay v. Truckee Ice Co.

Case Details

Full title:THOMAS McAULAY, Appellant, v. TRUCKEE ICE COMPANY, Respondent

Court:Supreme Court of California

Date published: Apr 24, 1889

Citations

79 Cal. 50 (Cal. 1889)
21 P. 434

Citing Cases

Matiasick v. Pacific Electric Railway Co.

) It cannot be determined upon the showing in this case that the court abused its discretion in granting a…

Painter v. Estate of Painter

          FOOTE, Judge           [21 P. 434] An attorney was appointed by the superior court to resist…