Summary
In Reyes v. Sandford (5 Cal. 117), and in Tooms v. Randall (3 Cal. 438), it was held that an objection to the venue must be made in the answer, and comes too late after an answer to the merits; it follows that such a motion on grounds disclosed by the complaint must be made before or at the time of filing demurrer.
Summary of this case from Pearkes v. FreerOpinion
Appeal from the District Court of the Third Judicial District, Santa Clara County.
The opinion of the Court contains the question in dispute.
COUNSEL:
Smith & Hardy, and L. Archer & D. W. Perley, for Appellant.
Wallace & Ryland, for Respondent.
No briefs on file.
JUDGES: Murray, C. J., delivered the opinion of the Court. Heydenfeldt, J., concurred.
OPINION
MURRAY, Judge
Numerous errors have been assigned by the appellant, none of which are well taken. An examination of the record discloses that the cause was properly tried by the Court below. The question of jurisdiction has already been decided by this Court.
The District Court is a Court of general original jurisdiction, its process is coextensive with the State. Causes may be removed from one district or county to another county or district, in the manner provided by statute; but this, I apprehend, would not be permitted after the party had appeared and answered to the merits.
The appeal is clearly for delay. The judgment is therefore affirmed, with fifteen per cent. damages.
See Tooms v. Randall , 3 Cal. 438;