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California Southern Railroad Co. v. Southern Pacific Railroad Co.

Supreme Court of California
Jul 19, 1884
65 Cal. 409 (Cal. 1884)

Opinion

         APPEAL from an order of the Superior Court of San Bernardino County refusing to change the place of trial.

         COUNSEL:

         A. B. Hotchkiss, for Appellants.

         H. E. Cooper, and Byrcn Waters, for Respondent.


         OPINION          The facts are stated in the opinion of the court.

         THE COURT.

         This action was brought to condemn land for the use of a railroad. The defendant demanded a change of venue on the ground that its principal place of business was in the city and county of San Francisco, and that the action should have been there commenced. The court denied the motion. Sufficient authority for the order of the court is found in section 1243 of the Code of Civil Procedure, which declares that actions of this character must be brought in the Superior Court of the county in which the property is situated. The real estate sought to be condemned is in San Bernardino County; therefore, [4 P. 389] that was the proper county for the commencement of the action, and for its trial. For this reason, and also for the reasons given in Cal. S.R.R. Co. v. S.P.R.R. Co. ante, p. 293, the order is affirmed.


Summaries of

California Southern Railroad Co. v. Southern Pacific Railroad Co.

Supreme Court of California
Jul 19, 1884
65 Cal. 409 (Cal. 1884)
Case details for

California Southern Railroad Co. v. Southern Pacific Railroad Co.

Case Details

Full title:THE CALIFORNIA SOUTHERN RAILROAD CO., RESPONDENT, v. THE SOUTHERN PACIFIC…

Court:Supreme Court of California

Date published: Jul 19, 1884

Citations

65 Cal. 409 (Cal. 1884)
4 P. 388

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