December 15, 1885 (4 pages)

eo at in the complaint is not the proper of venue on that ground, if plain-. ed the change; ‘the Supreme. is mad¢ before answer filed and. Does the fact that the Judg . i : : ge of . fez The Daily Transcript. county. i a — to retain the. cause in. Court.on appeal reversed the ruling the fact that defendants ar non-. Yuba county is biased and prejune i tacaneiapareen ot oan ! nausibernlretenae is 2. When there is reason to bethe county where it was brought, . (¢ the © 1 : residents of this county being un. diced (or even if disqualified) en-. be had ener is PUBLISHRO ‘. Hieve th nis inipartial tial be must oppose the motion on) © Court below, and remanded . . nied. ™ . title this courtto refasedefendant’s. ‘The motion of defendants for Antoine Tam has this year the of jeve that an impartia can. that ground. He can not wait un. Se case. This case directly de-. Sut there is one further ground . motion for a change wf the place . chan f the ‘pl Fel ‘wes largest and most tempting disDaily, Mondays Excepted. not be had therein. tii the venue is changed and then . cides adversely to plaintiffs here-. upon which plaintiffs resist the . of trial ? This question was diGn. ie plate. oF ial i : si revo change it base to the or. 0B two of the three grounds relied : es A Yuba county must be granted,!play of Holiday confectionery 3. When the convenience f. .”. 3 . or tans i gre motion of defendants, viz: That. rectly presénted to and decided by . and it is so ordered SENT TO KEYSER. _ . witnesses and the ends of justice i payee ® of Hall vs.0. P.R i y them in their cross-mo-. ¢he Superior Judge of Yuba Coun-. the Suoreme Court of this State in J. M. Watuna, ever offered for sale in Nevada ty is biased and prejudiced against . the case of Rathget vs. Tiscomia, the plaintiffs cause of action and . et al, 4 W. CPR. 375,in which the] Dec, 12, 1885 has expressed the most decided . Court says: “The disqualification : Superior, Judge. City. He has more than one would be promoted by the change. . R. Uo., supra, decided in January, ‘the same question again came hundred kinds of candies, plain oA ’ guage Walling’s Opinion Gran 4. ‘When from any cause the . 1875, the court again affirnied tne before the Supreme Court in the ing a Change of Venue in the eee : seas 4 ttn ; : f° Armetrong vs. Superior . yj hee ; and fancy. ° The best of all this is : inet the Yuba Super. Judge is disqualified from acting.” prior decisions on this point, and Cane _O tong perior . views and opinions upon the mat-. of the Judge of the county to , pence ion thats deadsmen. The foregoing sections, tozether said: ‘Under the Vode when a pic of ee county. The action . ters involved in these suits, and; which such change is demanded, Canes Fostpened. that Mr. Tam can afford to sell at v 71. : 8 » (0, deiendant; moves to change the fete rought in.Lake county, the/the merits thereof, and that ad-. to try the case, does not affect the} ‘The following cases h been . Prices 25 to 40 per cent lower than In the Superior Court of the . with section 696, comprise all the . place of trial to the county where . defendant being a resident of So-. versely to plaintiffs right herein. . right of the defendants tohave it hey: hia steal : ne 71 : n ; postpone in the Superior Court . he has been able to do imthe past. i Code provisions necessary to be . 2° resides, the court should deny }20ma county. ‘The Supreme! For the purposes of this motion! transferred to such county for . ¢j Foc ses : 2 county of Nevada, State of Califoronauiuand in the dete ay ation of . “Be motion if it appear that the . Court used the following language . the most that oan be obtained by . trial.” : a tek Sag he : He will sell. at wholesale as well Bi SN ale AL : i eres ai i ; ‘ Riot ; !. F. Schulthess, . deceased : ‘ nia. . convenience of withesses requires . in relation to a motion tor change . plaintiffs. here, would be that th The rule as establifned by the ; Peet 4 -. as retail, and guarantee satisfacHedges, Plaintiff, vs B. F. Dam the question presented. the cause to be tried in the county . Of place of triai on the ground that Suidve of Yuba count wands dal: foregoing decisions, all being later Hearing of petition for order come ; ’ Hi Res, Plaintiffs’ : : ape 7 . desead : . Anees y q going re & firming sale of real-estate tion to all persons who favor him d et al, Defendants, and Merriam, . ~ ‘lainti Ts counsel in support of} where it is pending. : elen unt bod a resident of Lake ified to try these cases. (I do not} than the cases relied upon by the M. A. Murphy va. P *'§. Mur . with orders by mail : Plaintiff, va. Board of Supervisors their motion to retain the cases}. In tne 3 Val. 4lu, we find this sain e motion was made . wish to be understood as deciding laintiffs here, seem to me to. phy, administrator MiSdon tow . Wkehialact nate f. Ni kinds and 3 » VB. for trial in this county, rely upon language: ‘‘ Lhe gr mting change . °F the ground that the action-had . that as a matter of law the facts . leave this court nd discretion in’ oder that the minors’ guardi seen Ge ee o i of Yuba county, Defendants. re Nes ot venue is discretionary with tue . Veen brought in the wrong county, . stated in plaintifi’s affidavits do in . the matter. have property set aside "g thais of this year’s crop. i Decision of motion for change the above quoted sections of the . court velow subject to view only and was supported by deiendant’s. ]aw disqualify said Judge from. As plaintiffs can not be denied suport y or their . vine ona i ea of place of trial from Nevada to. Vode, and on the cases of Loher . 10 cases of gross abuse.’’ f affidavit, Ubat 4 he was and tor . trying said cases. I ain not dis-. theright to have theirobjections t > see gira CD PEN In the shell or by the can i & File ace ve, Lathman, 15 Cal, 418. Pier-. Thus we have an unbroken line . m#ny years hud been a resident of . posed to believe that a Judze who . a trial of the cases in Yuba county. Unper Saerirr Houtanp and! o rare ‘4 gies aon ve. McUshill,/ 22 Cal. 128 ot decisions of the Supreme court . Sonoma, ‘Lhe plaintiff resisted . was so far prejudiced as to be un. heard, it would seem to follow that . Jacob Neff returned yesterday . Jrnaments for Christmas trees, i The case of Hedges vs. B. F. bas) Tt val. <0 . of this State Irom 1893 to 1875, afthe motion asking that. the cause . able to do exact justice in a case, . when these cases are transferred . from Alleghany, Sierra count wedding cakes, etc. i Dam et al, is an action to recover Jenkins vs. Cal. Stage Co., 22 id . firming and reaftirming that where . ¢ retained tor trial in Laké coun. would consent to try a case of the . to Yuba county, they may there . where they went to. examine the Antors Tam. ‘. from three of the Supervisors of 538. Hanchett vs Finch; 47 id. deendant asks tora change ot. 'Y, and filed and read un affidavit . importance of these.) {move tohave them again trans-. Rainbow mine. dl0-2w Pine St., Nevada Ci i i: : : A 102. Edwards va. 8. P. K. BR. Co., . Venue on the ground of residence, setting forth tacts tending to‘prove 3 on , ty. a) Yuba County and their bondsmen, id Hull va. C ‘libe plainutf may oppose such . tat it wouid be for’ the . convenrr — a en i the sum of $13,007.08, alleged to 48 i 460. Ha vB. (OAM sf R. R, change on the ground that the . lence ot witnesses toretain the * 2 : ii have been unlawfully appropriat. “ 48 id 454. Sloan vs. Smith, . convenience of witnesses and the . Cause. As the motion was made x b id 8 ieora, trom: the 314410. Watts vs. White, 13 id . ends ot justice would be promoted . Delore answer the plaintiff was not ° q ed by said Superv ? 321. Parks vs. Freer;9 id 642 by a denial of the motion for a . authorized to resist it on the . ‘ a county treasury of Yuba county, 2 “ Ma ; ae gu, PeDange ; 400 whén we recall the . ground that it would be more conMERRY CHRI AS \ d in the prosecution of an action in marnghes agg » 21 id 306. . fact unat te provisions of the code venient lor witnesses to try the es i the United States Circuit Court Section 396,0,C. P. and Art. 6 selaping to ioe question he the reteom in rege! rie F (Cook vs. ALL . ag : ‘ Sec. 5, State Constitution. same when thé cases cited trom . /endergast, jal, 72. : iS Se Oe ee eee Se provisions ot am Constitu. the 47,48 and 49 Cal. Keports Thys avecond time the Supreme LIKE TO SEE BEAUTIFUL HAND was plaintiff, and a number of hy-. . ie : : were decided as they now are, it . Court attirmed the principles anKERCHIEFS. ACALL AT OUR STORE draulic mining companies were tion referred to simply detine the . would seem that this question was . 20unced in Uook vs. Fendergust. il APPY NRW Yi AR . : ' defendants. Plaintiff alleges that jurisdiction of the Superior courts . res judicata. . ‘Lhe next case that came before ‘ WILL PROVE TO YOU THAT WE HAVE THE HANDSOMEST DISPLAY OF of this State. It was admitted on. ne rule as adjudicated by the the Supreme Vourt so far as I can iofegoing cases was acquiesced in . 48certain, was the case of Builey puma es ie AS Syed the Bench, Bar and Leyisla. V8. Sloan, 1, West C. R. p. 472. ‘ The case of Merriam vs. the} of bringing ese actions this . (ure of this State for a period ot. Lbis waa an appeal Irom the SuTAU ow EXOM ©’ Board of Supervisors of Yuba court had jurisdiction, and may . 22 years. Yet if the Supreme perior Vourt oi Kern County, reSANTA © s rc > . th ‘ defend{court have since those decisions . ‘using to granta change of venue ; apes nty,is an action brought by . "ry the cases also, unless defend : AT z county, ‘ res 7 . snes? giétion entitle’ them. “t were rendered either overruled or . the Vourtoays: . plaintiff, Merriam, who is a resientitie tne © . moditied those cases and the prin-. _‘‘1n the Superior Court of Kern id dent and tax-payer of said counchange of the place of eng viples that ey determine, so tur . County the ee ee an CARR BROT , '] rE fr I a rs. CES HANDKERCHIEFS, Plain-W hite. Section 396 of the C. ©. P. pro-. as they apply to these cases, this . #ction to recover judgment upon DRUGSTORE t ss HANDKERCHIEFS, ” pinicttt alleges that the Board . Vides: ‘‘Ii the county in which . court 1s bound by such subsequent three promissory notes made and Cor. Pine and Commercial Sts., Nevada City. the county of Yuba was not a par: a ty to that action. the argument that for the purposColored Borders: i ees urs decisions and is not at liberty to detivered to him in that county by of Supervisors, defendants, are the action 18 eS gees the . ,dopt overruled decisions, or dis. the defendant in the action. Alter iate i ! roper county for the trial thereot, . regard the iater interpretations ol . Service of summons the defendant 7 : about to appropriate illegally large . P r. reg p 18 0 f vans ito ied sth ihe avtion may: notwithstanding . ‘ve law of these cuses; hence we moved for a change ot the place of HANDKERCHIEFS, With Colored Centers. qed : f oot t ay to ‘whale -d ve tried therein, unless the defenamust now turn to the’examination . trial of the action, on the ground unds of said county oi such ater cases, it any, as we . thathe was at and before the com-. At this Establishment can now be found the most ui ANDKERCHIEFS, Embroid'd in Plain White. hiring spies to watch hydraulic ant, at the time that he appears . find applicable to the questions . uencement of the action, a resi” : . miners who were enjoined in the . 424 answers or ‘demurs, tiles an . under consideration. dent of the city and county of San” Complete and Attractive Stock of case of Woodraff vs. certain hy. 4llidavit of merits, and demands) “Tue rdle ‘ae aifitmed scemed . Pfanciwd. tbe in ¢ Was not con: as seemed : ‘ : (. -easonabie and in accordance with . adicted by counter altidavits filed HANDKER Embroid’d in Colors. = . draulic mining companies, and for . ‘? writing that the trial be had ib . 51.4 language of the Statutes them-. vy the pamutf. * * As the CHIEFS, ; certain other alleged illegal pur. e propercounty. In these cases . selves. county designated in the com, 5 ith the conthe detendants did at the time ; As several grounds for remova . piaint Was not the proper countyior i i A poses in connection wi C) ¢ cu were and now ure recogni.ccl . sue trial of the action, tie deren & HANDKERCHIEFS, Silk, White and Colored. : ‘ _ . chat they demurred tile an affidav “ tests pending between certain res y wo the Statutes, the rule permitteu . dant ad a statutory right to have idents of some of the valley coun. ‘ of merits and demand in writ . J uy one or all of such grounds for . tne place of trual cuanged to the : vec of this State and the miners. ‘26 tat the trial be had in. or against the removal or causes . county ee ee eat the on . Offered to the People of N evada County this year. Yuba county, which they claim is . 1rom one court or county to anoth. der denying we nee bier therebali ‘ f } the proper county; I am of the . &) to be represented and deter-j}/ore erroneous. n this action Plaintiff seeks in this action to é ea a sffidavits a aa, mined at once, and thus tended to] there was no counter motion ty re. restrain said Supervisors from P . ts olmer=. promote the ends of justice and . win the cause on the ground of Novels and Poems, Pictorials and Prayer Books, Jufase aie is making such alleged illegal approits and demand are sutticient to] pring about a speedy trial. convenience of witnesses. ) venile Gift Books, Bibles, Etc., Etc. priations entitle them to a change, if as a. it the ruie hasnot been changed} the nextcase presented was the : : B Fs u : by later decisions, the motion ot . Case ot Heaid vs. Hendy, 3, W. U. [\hy : Si i i : The defendants in each of said sere of law they are entitled to} oo nants ior a Change must be . .luz. “his was an appeal from . . ) Tis mas at \ Plush, Silk, an Fringed and Framed. Buy your MILLINERY where, 2 have the above entitled causes appearea . 4 change. : uenied ; on the contrary, if. under . 4n order of the Superior Court ot ee . end filed demurrera to” ie. com-. " I shail next proceed to examine . such later decisions deiendant ‘is . #1 Dorado county. Lhe Vourt say : Albums Atall prices from Scto $2.50. engaged in hydraulic mining. Photograph, Autograph, Scrap. More than 50 Styles. Largest Stock and Best Assortment RB plaint; at the same time a motion . “he authorities relied on by plain+} entitled to a change such must be . “Velendant demurred to the com, In all kinds of Bindings. D : siffs. the judgment of this court. plant and * * * demanded in was filed in each case, accompaJu the case of Cook vs. Pender-. writing that the trial be had in $ t lect fi tiled. by an aSidevib. of! mort) Be ee Se gasc, 61 Cal. 72, the question. at) arandigco When * * deIn Artistic Cases of Plush, Leather Inlaid Wood Soe ene asking that said cases be transam, supra, thecourtsays: ‘'De-. issue in this case was directly . fendants’ motion came on to be (. ( ¥ \ Etc Best Assortment Ever Shown Here. ; ferred to Yuba county for trial, on iendant oas the right to have the presented, and the Supreme court, . heard * * andthe Court had : We es vy McKinstrey, J., suid: ‘Lhe . sustained an_objection of defen; ee N the ground thateach of the deaction tried in the county of ee sas ty hie ‘+ can ever be. dant to the bearing of a cross-moOf ases . Alltthe latest designs. Including many Striking fendants were at the time of the. 8 residence, exvept in certain . yecessary or proper ior plaintiff on . on by plaintutf to retain the cause Novelties. commencementof said actions ana . ©48e8 specified in the statutes. cross-motion toask thatthe action] * * tor the convemence ol W ‘ { 1 . oFoarlve A DOLLs EXA‘T.28 ey From now until New Year.we will} now are residents of said county} Yn motion of cefendant to. ve retained tor trial in the county witnesses, the court ordered. , ‘that For old and young. All sizes and styles. Aly Ee : . where he has brought it, (because surther hearing oi defendant’s moIn Fine Woods, Japanese Finish, Etc. . ‘ ; of Yuba. The fact of defendants’ . change the place of trial on the) ¥.the convenience of witnesses, . tion be postpoued until defendant wes rene ’ To Every Little Girl An endless assortment of Lemaire’s, Colresidence is not denied. ground that he is sued in the coun-. utc.), is the case in which the mo. files his answer to plaintiff's com, Plaintiff in each resists the . cy in which he does not reside, it} won of deiendant is upon. the] plaint, and that plaintill’s crosspera ANNU ’ . * i ‘ M ti id oi oa sh plaintiff resists tlie motion acini -ruund that the couaty designateu . wouon be heard at the tune when mont’a, Chevalier, and'other Maer AN, Making a purchase of 1 Oc or more. fan @. motion of deten an or a change et sedi : iu the complaint is not the proper . the turther hearing of detendant’s . [J ; : of the place of trial, and filed a] 0 the convenience of witnesses, . county.” * * * * * motion is hearus* = #7?” all Ags A Complete line. Bought at a Bargain and _offercounter motion to retain the cause the evidence as to the convenience ‘‘4sur where no issue of fact has ‘this order in its legal effect was ! . ed Cheap. Plush, Leather and pressed Alligator:. . —_—_— — for trial in this county upon the should be as full and particular, . been raised, as where the motion . an order denying deiendant’s mu: ‘ : . ’ ‘ enh : : to.change the place of trial is}. Won tor a change of the place of] }! F a 5 : grounds : as that which is required upon an} oie” “when the _ defendant . trial. Iv effectually deprived him Mel S PEM NAR . tet, the Seite: foe. yo Father,. ’ ggrGe man Yarn, Worsteds,Ice Wool, Fairy 1. Convenience of witnesses. pplication, for this cause, tO] ia; appeared only by demurrer to . oF his right to have his demurrer 5 Ale t 2. Thata fair ahd impartial tria. cransier the trial to another coun. the complaint, how can the court heard in San Francisco. (Citing can not be had in Yuba county on. ‘Yintelligently determine that it will . U0oK V8; Henser gest) caso ov-. FIGLUIE Frames, Walking Sticks, Figg Catlery. Parfunery . Zephy: Sheltand Floss, Castor Wool, Plushes, account of the bias and prejudice} As matter of practice, where de. (Ov unge the piace ol trial, or to. identiy was of the opinion that ms . of the citizens of Yuba county,. ‘endant moves to transier the ac-} retain the action for trial in the . Vook vs. Pendergast was impropNovelties, and Thous:nis of Other Articles Felts, Cordsand Tassels, and materials of all kind and tion to the county of his residence, . county designated in the com-. erly decided by the Supreme Court ; : : ; P laintiff may resist by a counter. plauwt? * * * Ithasbeen sugand tried to evade the rule estabNy nt {i Hl i P ; , PAD lynne ohare Sin neath the shen on ac-. wested thet it was settled by the ushed in that case, by requiring ila Of oll ay resents. for Fancy Work. : . former Supreme court of this State de:endant to fie an answer belore . goagge ’ Ask for It all of Yuba county. count of the convenience of wit-. that under the tormer practive act, . decision of his motion tor a change If You Don’t See What You Want, Ask for It. r In support ot the counter motion }. 2e85e8, notwithstanding the resi-. a plaintiff’had a right to his) ol the place of trial. E ee : the ene Ph aaa cave an . Jence of deiendant, and then deCodes menial to aan the cause} ‘I'he Supreme Court had before Orders of mail or express promptly filled and satsfaction guarMRS. LESTER & CRAWF ORD, RSS. : * : fendant can reply to ‘the’ -allega-. because of the convenience Ol decided thatthe plaintiff could not anteed. y . ate affidavit of merite—the allegation» . ,jons as to the convenience of wit. witnesses, where the motion ot. set up the convemence of witness. . CARR BROTHERS. Near Union Hotel, Main St, Nevada City. me of which are sufficient to suppor] nesses or plainuif instead of a . tue de.endant was on the yround . es or prejudice of citizens in oppoved »the grounds of the counter motion, — agargneace . a resist the ant the action was brought] sition to the motion beet eal en ’ : ee, ey . _ . motion of deieudant,” in the proper county, even al-. for change on accountol rest ence ; tht) « , and are uncontroverted by the de in the zz Cal. 128, supra, the . tuough Gi. ciction war made be-] in this oa they reatlirn their The Annual Invitation Party Sao C*/ . ] late N ~/ hisl=s~ Y — tendants. court sulu: “ihe grantuuuyg or re. ire answer.”’ ‘Lhe court then pro. prior ruling and also hoid that deLy The only question presented for }.using of a motion tv change the ceeds to review the. cases of. iendant has right to have his de-determination in each cage, is: . Venue on the ground of. the con-. Loehr vs. Latham, 15 Cal. 418, . murrer heard in the county of his Is defandants entitled to a change venience ol witnesses is discretion. Pierson vs. Cahill, 22 Cal., 127. residence, thus taking an extreme : A GOLDEN OPPORTUNITY. ary Win the trial court, and suv-. Hanchett vs. Finch, 47 Cal, lyz. . view, as it seems to me. Young Men’s Social Club arch Hen ou aa “ oF THE =O . of the place of trial-from this to. ject to. review only in cases o:. Kdwards vs. 8. P. R. R. Co., 48) Why one Superior Court is not “4 Yuba county ? ‘abuse. Wherea change of venue} Ual.,: 460. Jenkins vs. Cal. Stage . as competent, (4s a matter of law) 5 . <a ‘There is no anéwer filedin either . asked by defendant on the Company ,22,Ual. 537 (which cases . a8 any other Superior Court to deWill be Given at od des SN, ; case and therefore no issue ot ground of nis residence, if the} are tne ones relied upon by plain-. termine a question of law is a ridS : oe convenience of witnesses requires . t.tf here in support ol their cross. die that am unable to solve. Hunt’s Hall, .Thur day Eve’g, jae fact for decision, As the ques. (uat the action should be retained motion,) and hold that those cases} Be that as it may, the Supreme i pations to be determined are identi. sor trial in the county where it wa» do not support the rule contended . Court again reversed the Superior Dec. 31, 1885. ally cal, were argued and submitted tcommenced, the plaintitf shoulu}ior by plaintiff in these cases. . Court and held that the action an. cid aa t enom exemtly present that fact in opposition tw Tbe Court further says: ‘‘Bu . must be transierred.gether, and depend upo (ue motion, and if he uegie.ts to] neither plaintiff nor derendantcan. . Still later the case of Thomas vs. eae Is the same state.oitacts, and must} Yo soit it is doubuul if Le Can al-. move tor a change of the place ot . Placerville G. Q. M. Co., came DeF 3 be decided in the same way. They . erwarus apply to the court to] rial, because of the convenience . iore the Dupreme Court, andin re-. MUSIC BY GOYNE’S ORCHESTRA. ds : will be consider ether. which it bas been. removed to have . of witnesses, or because atair trial lation to a motion to change the Th _— od 18 lived hh stxent back again.” cannot be bad Ontil the event] place of trial belore answer filed, e questions involved Have] Aguin in the same volume, page . nas accrued, Wuich in the one case . the court said ; ‘Neither a plainbeen argued ior both parties in] 53s, tue court Used the lollowlug . can alone enable the Court to de-. uffor defendant Can move lor a open court, and each have filea tanguage: ‘Where. a defendant . cide what facts are material to be } change ot tne place of trial, be-. e@7Tickers, admitting one Gentleman briefs in support of their respecappues for a change’ot the } proved by the respective parties, . cause of the convenience ol Wit. .and two Ladies, $2. tive iucth piace of trial on the ground . or which in the other case will as} nesses, until after answer. (Again . ,amission toGallery—Ladies 25c. Gen. yo aoe : that the action Was not brought in. sist the Court in ascertaining . citing, Cook vs. Pendergast.) _ lemen 50 cents * . 1 It is evident that each of said] tne county where he resides, the . whether such local prejudice} . It will thus be seen that since 4 he actions are brought under the proa : right = oppose the . exists pags! rag we rs — my a. Lege wg vs. pp aay e ; i “ee nore Code . e808 by § owing that the conduct of the jury. Independent of. '6 Cal. 72, the Supreme Court has * i. prsye yc foo rg of me . venience of witnesses and the ends . an express provision. of the stat-. on every occassion when the quesProbat2 Notice. cs) Civil Procedure [) this State, . ot justice would be promoted by}ue, tue Superior Court ought} tion has been before them, ad. te the Supericr Court’ of the County of ( which provides: “Actions for. re;susing the change, anu suci . uot to be called on betorel ssues Of hered to and reaffirmed the rule as Reiger aig a Secale Iv we r. . the ioffowing cause must be tried . ‘#ct# shoud govern and controi. iact have been joined to decide announced in that Case, that, . matter of the last will of John S. Dunn, de: the court in devermining the ques. what the convenience of witgesses . where tne defendant asks 4 changh . Cond 28 petition ot 4. D. Fleming Te S i : . decree for specific performance of written _ in the county where the cause ol uon Whether tue appilcallun ior a will be promoted by 4a cbange of] of the place Of trial beiore aus wer. contract. 3 sure action or some part thereof arose, . cuange shouid be granted or not.” . the place of trial, or that an action . ing in the case, oa the ground oi > pues eee oe ot ns gone dae and ~ Subject to the like power of the} 4m the 47_Ual. 192, supra, the . cannot be fairly and impartiality } bis resilience, tne aa me uecree of thie Court Sachoriging ea izes \\ court to ch he pl of trial; court again announced tie same . tried in the county In which it is/not coutest his mgnt to sue ing the executors of the last willof John 8. AM Ruy. % <: sgh ie ae ia “. conciusion iy te ioliowing words: . pending. It his (diet2zndanvs) mo-} coange on the. grouud of, either peasy pe ten Re Ee itera on \ v7 : ' Te Yj Gail in tore E . 2. S22 = © “where the action is brought in a} tivn to change the place of trial 1s. Gonvenience of witnesses, OF OD) 5 oLerty situated ia Hevada City, Nevaua WON Py Wray We a Sis ' 2. Against a public officer for} county othe: than that in which prought to a hearimg beiore he has] the ground that a lair on lm pareqauhy bare omy Aged conan, in Hye , ; ni zz : ‘ Z ; i n 4 at BS ‘ ; ‘ . be had in tne] ing ¢ between the said deceased an e “ i 7 } an act di _[ We delendant resides he bas a auswered the piainuif can not) tial trial can not aa ee ’ Z Bs s 4 ue one by virtue of his office prima lacie right to have the venue . by cruss-motion demand the re-. county of defendant’s residence. as BE Rag g tag hg ape Bd ‘ b) . \ i= => 7) oe AND oo rete oe changed to tne county of his resi. tention of the action in the county . see also 6 Nev. 241: 4 aa ed a the day of hearing said petition, at . : sti ij a7 Sf jeu , re mic ky y i the hour of 10 o’clock a. M. of sai y, a F ; . ees Cak Section 395 provides : In all} uence, vut this right is SuDJect to where it is pending on, the ground Lhese authorities seem to i ate iu eroot of the said. county ot Ne, x Place, Third Street, still passing down J. om to of . Other cases the. action. must ~be{ We puwer Of Wie court, (0 retain . of convenience, etc. the question at issue here agaiNst . y,4,° and it is turther ordered that notice : : : ° : mt tried in the county ia which the une cause for trial in thecounty in} In the case aboye referred a ne piainuffs, so far ha hove plainthareot be given py reonenne cg Siche Because of its absolute Purity-and Special Suitableness for Family Use and eee 4 4 2 which It is brought, 11 the conve-. the detendant when he appeare ‘3 rely upon a right to Oppose . tne Perr, a. ug i mabe Dat! Modic ni ; x Dee ed ee aii» efendants or some of them reside . “iencu of wimess and tne ends u1. by demutrer, moved the court tor. tne “mution of Geteadants 1or . TMRscairy, a gewepeper printed a4 baby al Purposes SNOWI1 LAKE WHISKY is now and will continue to set os the commencement of the ac. jusuce require 10.” a change Ol the place of, tril on . cuange of place* of trial, on me weeks before he oud day sppcinied for the be quite as anxiously sought after by the people as the load of hay was sought e ” at : : ‘ ’ ri ; < -resi* ice Ol Wi varing of said petivion, ans a@copy o ; S uM of piesa Section 397° provides:—-. . Agely tu the 48 Cal. 460, this . the ground that He was @ non resi. ground of the —_— oe OL Wit . nis omer be served personally on apy . after by the horse attached to Duffy’s cart. age ; . “*Lhe court may on motion change quesuon Was belore the court “ali uent of Volusa'couaty, tae county . nesses, Or Wat a Mab Pp Crawforu and Geo. A. cooper, eaecutors of : . wey said: “li the action Is) in which the suit. was pending. . tial trial can not be bad in Yuba } gaia J. 8. Dunn, at least ten days prior to — the Place of trial in the following prought 10 a county other than . the plainutt resisted the motion . County. Here it will be rememanid Fob, Les, 1008. sik teak ES For sale by all grocers and druggists. Sample Bottle Free. t the : Cubes: z that in which the defendant re-. on the ground of" convenience of a4 ; ) bered thatthe motion of dejenee te HALL; ° ‘ ; = Ae 1, When the county designated . sides, and he moves for a change! witnesses ; the Court below sefus. dants for a change of place of trial} : *" “Superior Judie, : LUHRS & CaQ., Sacramento, I Trop 8s. rk.” Fania . AEs ES ! ; is Z ‘

eo at in the complaint is not the proper of venue on that ground, if plain-. ed the change; ‘the Supreme. is mad¢ before answer filed and. Does the fact that the Judg . i : : ge of . fez The Daily Transcript. county. i a — to retain the. cause in. Court.on appeal reversed the ruling the fact that defendants ar non-. Yuba county is biased and prejune i tacaneiapareen ot oan ! nausibernlretenae is 2. When there is reason to bethe county where it was brought, . (¢ the © 1 : residents of this county being un. diced (or even if disqualified) en-. be had ener is PUBLISHRO ‘. Hieve th nis inipartial tial be must oppose the motion on) © Court below, and remanded . . nied. ™ . title this courtto refasedefendant’s. ‘The motion of defendants for Antoine Tam has this year the of jeve that an impartia can. that ground. He can not wait un. Se case. This case directly de-. Sut there is one further ground . motion for a change wf the place . chan f the ‘pl Fel ‘wes largest and most tempting disDaily, Mondays Excepted. not be had therein. tii the venue is changed and then . cides adversely to plaintiffs here-. upon which plaintiffs resist the . of trial ? This question was diGn. ie plate. oF ial i : si revo change it base to the or. 0B two of the three grounds relied : es A Yuba county must be granted,!play of Holiday confectionery 3. When the convenience f. .”. 3 . or tans i gre motion of defendants, viz: That. rectly presénted to and decided by . and it is so ordered SENT TO KEYSER. _ . witnesses and the ends of justice i payee ® of Hall vs.0. P.R i y them in their cross-mo-. ¢he Superior Judge of Yuba Coun-. the Suoreme Court of this State in J. M. Watuna, ever offered for sale in Nevada ty is biased and prejudiced against . the case of Rathget vs. Tiscomia, the plaintiffs cause of action and . et al, 4 W. CPR. 375,in which the] Dec, 12, 1885 has expressed the most decided . Court says: “The disqualification : Superior, Judge. City. He has more than one would be promoted by the change. . R. Uo., supra, decided in January, ‘the same question again came hundred kinds of candies, plain oA ’ guage Walling’s Opinion Gran 4. ‘When from any cause the . 1875, the court again affirnied tne before the Supreme Court in the ing a Change of Venue in the eee : seas 4 ttn ; : f° Armetrong vs. Superior . yj hee ; and fancy. ° The best of all this is : inet the Yuba Super. Judge is disqualified from acting.” prior decisions on this point, and Cane _O tong perior . views and opinions upon the mat-. of the Judge of the county to , pence ion thats deadsmen. The foregoing sections, tozether said: ‘Under the Vode when a pic of ee county. The action . ters involved in these suits, and; which such change is demanded, Canes Fostpened. that Mr. Tam can afford to sell at v 71. : 8 » (0, deiendant; moves to change the fete rought in.Lake county, the/the merits thereof, and that ad-. to try the case, does not affect the} ‘The following cases h been . Prices 25 to 40 per cent lower than In the Superior Court of the . with section 696, comprise all the . place of trial to the county where . defendant being a resident of So-. versely to plaintiffs right herein. . right of the defendants tohave it hey: hia steal : ne 71 : n ; postpone in the Superior Court . he has been able to do imthe past. i Code provisions necessary to be . 2° resides, the court should deny }20ma county. ‘The Supreme! For the purposes of this motion! transferred to such county for . ¢j Foc ses : 2 county of Nevada, State of Califoronauiuand in the dete ay ation of . “Be motion if it appear that the . Court used the following language . the most that oan be obtained by . trial.” : a tek Sag he : He will sell. at wholesale as well Bi SN ale AL : i eres ai i ; ‘ Riot ; !. F. Schulthess, . deceased : ‘ nia. . convenience of withesses requires . in relation to a motion tor change . plaintiffs. here, would be that th The rule as establifned by the ; Peet 4 -. as retail, and guarantee satisfacHedges, Plaintiff, vs B. F. Dam the question presented. the cause to be tried in the county . Of place of triai on the ground that Suidve of Yuba count wands dal: foregoing decisions, all being later Hearing of petition for order come ; ’ Hi Res, Plaintiffs’ : : ape 7 . desead : . Anees y q going re & firming sale of real-estate tion to all persons who favor him d et al, Defendants, and Merriam, . ~ ‘lainti Ts counsel in support of} where it is pending. : elen unt bod a resident of Lake ified to try these cases. (I do not} than the cases relied upon by the M. A. Murphy va. P *'§. Mur . with orders by mail : Plaintiff, va. Board of Supervisors their motion to retain the cases}. In tne 3 Val. 4lu, we find this sain e motion was made . wish to be understood as deciding laintiffs here, seem to me to. phy, administrator MiSdon tow . Wkehialact nate f. Ni kinds and 3 » VB. for trial in this county, rely upon language: ‘‘ Lhe gr mting change . °F the ground that the action-had . that as a matter of law the facts . leave this court nd discretion in’ oder that the minors’ guardi seen Ge ee o i of Yuba county, Defendants. re Nes ot venue is discretionary with tue . Veen brought in the wrong county, . stated in plaintifi’s affidavits do in . the matter. have property set aside "g thais of this year’s crop. i Decision of motion for change the above quoted sections of the . court velow subject to view only and was supported by deiendant’s. ]aw disqualify said Judge from. As plaintiffs can not be denied suport y or their . vine ona i ea of place of trial from Nevada to. Vode, and on the cases of Loher . 10 cases of gross abuse.’’ f affidavit, Ubat 4 he was and tor . trying said cases. I ain not dis-. theright to have theirobjections t > see gira CD PEN In the shell or by the can i & File ace ve, Lathman, 15 Cal, 418. Pier-. Thus we have an unbroken line . m#ny years hud been a resident of . posed to believe that a Judze who . a trial of the cases in Yuba county. Unper Saerirr Houtanp and! o rare ‘4 gies aon ve. McUshill,/ 22 Cal. 128 ot decisions of the Supreme court . Sonoma, ‘Lhe plaintiff resisted . was so far prejudiced as to be un. heard, it would seem to follow that . Jacob Neff returned yesterday . Jrnaments for Christmas trees, i The case of Hedges vs. B. F. bas) Tt val. <0 . of this State Irom 1893 to 1875, afthe motion asking that. the cause . able to do exact justice in a case, . when these cases are transferred . from Alleghany, Sierra count wedding cakes, etc. i Dam et al, is an action to recover Jenkins vs. Cal. Stage Co., 22 id . firming and reaftirming that where . ¢ retained tor trial in Laké coun. would consent to try a case of the . to Yuba county, they may there . where they went to. examine the Antors Tam. ‘. from three of the Supervisors of 538. Hanchett vs Finch; 47 id. deendant asks tora change ot. 'Y, and filed and read un affidavit . importance of these.) {move tohave them again trans-. Rainbow mine. dl0-2w Pine St., Nevada Ci i i: : : A 102. Edwards va. 8. P. K. BR. Co., . Venue on the ground of residence, setting forth tacts tending to‘prove 3 on , ty. a) Yuba County and their bondsmen, id Hull va. C ‘libe plainutf may oppose such . tat it wouid be for’ the . convenrr — a en i the sum of $13,007.08, alleged to 48 i 460. Ha vB. (OAM sf R. R, change on the ground that the . lence ot witnesses toretain the * 2 : ii have been unlawfully appropriat. “ 48 id 454. Sloan vs. Smith, . convenience of witnesses and the . Cause. As the motion was made x b id 8 ieora, trom: the 314410. Watts vs. White, 13 id . ends ot justice would be promoted . Delore answer the plaintiff was not ° q ed by said Superv ? 321. Parks vs. Freer;9 id 642 by a denial of the motion for a . authorized to resist it on the . ‘ a county treasury of Yuba county, 2 “ Ma ; ae gu, PeDange ; 400 whén we recall the . ground that it would be more conMERRY CHRI AS \ d in the prosecution of an action in marnghes agg » 21 id 306. . fact unat te provisions of the code venient lor witnesses to try the es i the United States Circuit Court Section 396,0,C. P. and Art. 6 selaping to ioe question he the reteom in rege! rie F (Cook vs. ALL . ag : ‘ Sec. 5, State Constitution. same when thé cases cited trom . /endergast, jal, 72. : iS Se Oe ee eee Se provisions ot am Constitu. the 47,48 and 49 Cal. Keports Thys avecond time the Supreme LIKE TO SEE BEAUTIFUL HAND was plaintiff, and a number of hy-. . ie : : were decided as they now are, it . Court attirmed the principles anKERCHIEFS. ACALL AT OUR STORE draulic mining companies were tion referred to simply detine the . would seem that this question was . 20unced in Uook vs. Fendergust. il APPY NRW Yi AR . : ' defendants. Plaintiff alleges that jurisdiction of the Superior courts . res judicata. . ‘Lhe next case that came before ‘ WILL PROVE TO YOU THAT WE HAVE THE HANDSOMEST DISPLAY OF of this State. It was admitted on. ne rule as adjudicated by the the Supreme Vourt so far as I can iofegoing cases was acquiesced in . 48certain, was the case of Builey puma es ie AS Syed the Bench, Bar and Leyisla. V8. Sloan, 1, West C. R. p. 472. ‘ The case of Merriam vs. the} of bringing ese actions this . (ure of this State for a period ot. Lbis waa an appeal Irom the SuTAU ow EXOM ©’ Board of Supervisors of Yuba court had jurisdiction, and may . 22 years. Yet if the Supreme perior Vourt oi Kern County, reSANTA © s rc > . th ‘ defend{court have since those decisions . ‘using to granta change of venue ; apes nty,is an action brought by . "ry the cases also, unless defend : AT z county, ‘ res 7 . snes? giétion entitle’ them. “t were rendered either overruled or . the Vourtoays: . plaintiff, Merriam, who is a resientitie tne © . moditied those cases and the prin-. _‘‘1n the Superior Court of Kern id dent and tax-payer of said counchange of the place of eng viples that ey determine, so tur . County the ee ee an CARR BROT , '] rE fr I a rs. CES HANDKERCHIEFS, Plain-W hite. Section 396 of the C. ©. P. pro-. as they apply to these cases, this . #ction to recover judgment upon DRUGSTORE t ss HANDKERCHIEFS, ” pinicttt alleges that the Board . Vides: ‘‘Ii the county in which . court 1s bound by such subsequent three promissory notes made and Cor. Pine and Commercial Sts., Nevada City. the county of Yuba was not a par: a ty to that action. the argument that for the purposColored Borders: i ees urs decisions and is not at liberty to detivered to him in that county by of Supervisors, defendants, are the action 18 eS gees the . ,dopt overruled decisions, or dis. the defendant in the action. Alter iate i ! roper county for the trial thereot, . regard the iater interpretations ol . Service of summons the defendant 7 : about to appropriate illegally large . P r. reg p 18 0 f vans ito ied sth ihe avtion may: notwithstanding . ‘ve law of these cuses; hence we moved for a change ot the place of HANDKERCHIEFS, With Colored Centers. qed : f oot t ay to ‘whale -d ve tried therein, unless the defenamust now turn to the’examination . trial of the action, on the ground unds of said county oi such ater cases, it any, as we . thathe was at and before the com-. At this Establishment can now be found the most ui ANDKERCHIEFS, Embroid'd in Plain White. hiring spies to watch hydraulic ant, at the time that he appears . find applicable to the questions . uencement of the action, a resi” : . miners who were enjoined in the . 424 answers or ‘demurs, tiles an . under consideration. dent of the city and county of San” Complete and Attractive Stock of case of Woodraff vs. certain hy. 4llidavit of merits, and demands) “Tue rdle ‘ae aifitmed scemed . Pfanciwd. tbe in ¢ Was not con: as seemed : ‘ : (. -easonabie and in accordance with . adicted by counter altidavits filed HANDKER Embroid’d in Colors. = . draulic mining companies, and for . ‘? writing that the trial be had ib . 51.4 language of the Statutes them-. vy the pamutf. * * As the CHIEFS, ; certain other alleged illegal pur. e propercounty. In these cases . selves. county designated in the com, 5 ith the conthe detendants did at the time ; As several grounds for remova . piaint Was not the proper countyior i i A poses in connection wi C) ¢ cu were and now ure recogni.ccl . sue trial of the action, tie deren & HANDKERCHIEFS, Silk, White and Colored. : ‘ _ . chat they demurred tile an affidav “ tests pending between certain res y wo the Statutes, the rule permitteu . dant ad a statutory right to have idents of some of the valley coun. ‘ of merits and demand in writ . J uy one or all of such grounds for . tne place of trual cuanged to the : vec of this State and the miners. ‘26 tat the trial be had in. or against the removal or causes . county ee ee eat the on . Offered to the People of N evada County this year. Yuba county, which they claim is . 1rom one court or county to anoth. der denying we nee bier therebali ‘ f } the proper county; I am of the . &) to be represented and deter-j}/ore erroneous. n this action Plaintiff seeks in this action to é ea a sffidavits a aa, mined at once, and thus tended to] there was no counter motion ty re. restrain said Supervisors from P . ts olmer=. promote the ends of justice and . win the cause on the ground of Novels and Poems, Pictorials and Prayer Books, Jufase aie is making such alleged illegal approits and demand are sutticient to] pring about a speedy trial. convenience of witnesses. ) venile Gift Books, Bibles, Etc., Etc. priations entitle them to a change, if as a. it the ruie hasnot been changed} the nextcase presented was the : : B Fs u : by later decisions, the motion ot . Case ot Heaid vs. Hendy, 3, W. U. [\hy : Si i i

: The defendants in each of said sere of law they are entitled to} oo nants ior a Change must be . .luz. “his was an appeal from . . ) Tis mas at \ Plush, Silk, an Fringed and Framed. Buy your MILLINERY where, 2 have the above entitled causes appearea . 4 change. : uenied ; on the contrary, if. under . 4n order of the Superior Court ot ee . end filed demurrera to” ie. com-. " I shail next proceed to examine . such later decisions deiendant ‘is . #1 Dorado county. Lhe Vourt say : Albums Atall prices from Scto $2.50. engaged in hydraulic mining. Photograph, Autograph, Scrap. More than 50 Styles. Largest Stock and Best Assortment RB plaint; at the same time a motion . “he authorities relied on by plain+} entitled to a change such must be . “Velendant demurred to the com, In all kinds of Bindings. D : siffs. the judgment of this court. plant and * * * demanded in was filed in each case, accompaJu the case of Cook vs. Pender-. writing that the trial be had in $ t lect fi tiled. by an aSidevib. of! mort) Be ee Se gasc, 61 Cal. 72, the question. at) arandigco When * * deIn Artistic Cases of Plush, Leather Inlaid Wood Soe ene asking that said cases be transam, supra, thecourtsays: ‘'De-. issue in this case was directly . fendants’ motion came on to be (. ( ¥ \ Etc Best Assortment Ever Shown Here. ; ferred to Yuba county for trial, on iendant oas the right to have the presented, and the Supreme court, . heard * * andthe Court had : We es vy McKinstrey, J., suid: ‘Lhe . sustained an_objection of defen; ee N the ground thateach of the deaction tried in the county of ee sas ty hie ‘+ can ever be. dant to the bearing of a cross-moOf ases . Alltthe latest designs. Including many Striking fendants were at the time of the. 8 residence, exvept in certain . yecessary or proper ior plaintiff on . on by plaintutf to retain the cause Novelties. commencementof said actions ana . ©48e8 specified in the statutes. cross-motion toask thatthe action] * * tor the convemence ol W ‘ { 1 . oFoarlve A DOLLs EXA‘T.28 ey From now until New Year.we will} now are residents of said county} Yn motion of cefendant to. ve retained tor trial in the county witnesses, the court ordered. , ‘that For old and young. All sizes and styles. Aly Ee : . where he has brought it, (because surther hearing oi defendant’s moIn Fine Woods, Japanese Finish, Etc. . ‘ ; of Yuba. The fact of defendants’ . change the place of trial on the) ¥.the convenience of witnesses, . tion be postpoued until defendant wes rene ’ To Every Little Girl An endless assortment of Lemaire’s, Colresidence is not denied. ground that he is sued in the coun-. utc.), is the case in which the mo. files his answer to plaintiff's com, Plaintiff in each resists the . cy in which he does not reside, it} won of deiendant is upon. the] plaint, and that plaintill’s crosspera ANNU ’ . * i ‘ M ti id oi oa sh plaintiff resists tlie motion acini -ruund that the couaty designateu . wouon be heard at the tune when mont’a, Chevalier, and'other Maer AN, Making a purchase of 1 Oc or more. fan @. motion of deten an or a change et sedi : iu the complaint is not the proper . the turther hearing of detendant’s . [J ; : of the place of trial, and filed a] 0 the convenience of witnesses, . county.” * * * * * motion is hearus* = #7?” all Ags A Complete line. Bought at a Bargain and _offercounter motion to retain the cause the evidence as to the convenience ‘‘4sur where no issue of fact has ‘this order in its legal effect was ! . ed Cheap. Plush, Leather and pressed Alligator:. . —_—_— — for trial in this county upon the should be as full and particular, . been raised, as where the motion . an order denying deiendant’s mu: ‘ : . ’ ‘ enh : : to.change the place of trial is}. Won tor a change of the place of] }! F a 5 : grounds : as that which is required upon an} oie” “when the _ defendant . trial. Iv effectually deprived him Mel S PEM NAR . tet, the Seite: foe. yo Father,. ’ ggrGe man Yarn, Worsteds,Ice Wool, Fairy 1. Convenience of witnesses. pplication, for this cause, tO] ia; appeared only by demurrer to . oF his right to have his demurrer 5 Ale t 2. Thata fair ahd impartial tria. cransier the trial to another coun. the complaint, how can the court heard in San Francisco. (Citing can not be had in Yuba county on. ‘Yintelligently determine that it will . U0oK V8; Henser gest) caso ov-. FIGLUIE Frames, Walking Sticks, Figg Catlery. Parfunery . Zephy: Sheltand Floss, Castor Wool, Plushes, account of the bias and prejudice} As matter of practice, where de. (Ov unge the piace ol trial, or to. identiy was of the opinion that ms . of the citizens of Yuba county,. ‘endant moves to transier the ac-} retain the action for trial in the . Vook vs. Pendergast was impropNovelties, and Thous:nis of Other Articles Felts, Cordsand Tassels, and materials of all kind and tion to the county of his residence, . county designated in the com-. erly decided by the Supreme Court ; : : ; P laintiff may resist by a counter. plauwt? * * * Ithasbeen sugand tried to evade the rule estabNy nt {i Hl i P ; , PAD lynne ohare Sin neath the shen on ac-. wested thet it was settled by the ushed in that case, by requiring ila Of oll ay resents. for Fancy Work. : . former Supreme court of this State de:endant to fie an answer belore . goagge ’ Ask for It all of Yuba county. count of the convenience of wit-. that under the tormer practive act, . decision of his motion tor a change If You Don’t See What You Want, Ask for It. r In support ot the counter motion }. 2e85e8, notwithstanding the resi-. a plaintiff’had a right to his) ol the place of trial. E ee : the ene Ph aaa cave an . Jence of deiendant, and then deCodes menial to aan the cause} ‘I'he Supreme Court had before Orders of mail or express promptly filled and satsfaction guarMRS. LESTER & CRAWF ORD, RSS. : * : fendant can reply to ‘the’ -allega-. because of the convenience Ol decided thatthe plaintiff could not anteed. y . ate affidavit of merite—the allegation» . ,jons as to the convenience of wit. witnesses, where the motion ot. set up the convemence of witness. . CARR BROTHERS. Near Union Hotel, Main St, Nevada City. me of which are sufficient to suppor] nesses or plainuif instead of a . tue de.endant was on the yround . es or prejudice of citizens in oppoved »the grounds of the counter motion, — agargneace . a resist the ant the action was brought] sition to the motion beet eal en ’ : ee, ey . _ . motion of deieudant,” in the proper county, even al-. for change on accountol rest ence ; tht) « , and are uncontroverted by the de in the zz Cal. 128, supra, the . tuough Gi. ciction war made be-] in this oa they reatlirn their The Annual Invitation Party Sao C*/ . ] late N ~/ hisl=s~ Y — tendants. court sulu: “ihe grantuuuyg or re. ire answer.”’ ‘Lhe court then pro. prior ruling and also hoid that deLy The only question presented for }.using of a motion tv change the ceeds to review the. cases of. iendant has right to have his de-determination in each cage, is: . Venue on the ground of. the con-. Loehr vs. Latham, 15 Cal. 418, . murrer heard in the county of his Is defandants entitled to a change venience ol witnesses is discretion. Pierson vs. Cahill, 22 Cal., 127. residence, thus taking an extreme : A GOLDEN OPPORTUNITY. ary Win the trial court, and suv-. Hanchett vs. Finch, 47 Cal, lyz. . view, as it seems to me. Young Men’s Social Club arch Hen ou aa “ oF THE =O . of the place of trial-from this to. ject to. review only in cases o:. Kdwards vs. 8. P. R. R. Co., 48) Why one Superior Court is not “4 Yuba county ? ‘abuse. Wherea change of venue} Ual.,: 460. Jenkins vs. Cal. Stage . as competent, (4s a matter of law) 5 . <a ‘There is no anéwer filedin either . asked by defendant on the Company ,22,Ual. 537 (which cases . a8 any other Superior Court to deWill be Given at od des SN, ; case and therefore no issue ot ground of nis residence, if the} are tne ones relied upon by plain-. termine a question of law is a ridS : oe convenience of witnesses requires . t.tf here in support ol their cross. die that am unable to solve. Hunt’s Hall, .Thur day Eve’g, jae fact for decision, As the ques. (uat the action should be retained motion,) and hold that those cases} Be that as it may, the Supreme i pations to be determined are identi. sor trial in the county where it wa» do not support the rule contended . Court again reversed the Superior Dec. 31, 1885. ally cal, were argued and submitted tcommenced, the plaintitf shoulu}ior by plaintiff in these cases. . Court and held that the action an. cid aa t enom exemtly present that fact in opposition tw Tbe Court further says: ‘‘Bu . must be transierred.gether, and depend upo (ue motion, and if he uegie.ts to] neither plaintiff nor derendantcan. . Still later the case of Thomas vs. eae Is the same state.oitacts, and must} Yo soit it is doubuul if Le Can al-. move tor a change of the place ot . Placerville G. Q. M. Co., came DeF 3 be decided in the same way. They . erwarus apply to the court to] rial, because of the convenience . iore the Dupreme Court, andin re-. MUSIC BY GOYNE’S ORCHESTRA. ds : will be consider ether. which it bas been. removed to have . of witnesses, or because atair trial lation to a motion to change the Th _— od 18 lived hh stxent back again.” cannot be bad Ontil the event] place of trial belore answer filed, e questions involved Have] Aguin in the same volume, page . nas accrued, Wuich in the one case . the court said ; ‘Neither a plainbeen argued ior both parties in] 53s, tue court Used the lollowlug . can alone enable the Court to de-. uffor defendant Can move lor a open court, and each have filea tanguage: ‘Where. a defendant . cide what facts are material to be } change ot tne place of trial, be-. e@7Tickers, admitting one Gentleman briefs in support of their respecappues for a change’ot the } proved by the respective parties, . cause of the convenience ol Wit. .and two Ladies, $2. tive iucth piace of trial on the ground . or which in the other case will as} nesses, until after answer. (Again . ,amission toGallery—Ladies 25c. Gen. yo aoe : that the action Was not brought in. sist the Court in ascertaining . citing, Cook vs. Pendergast.) _ lemen 50 cents * . 1 It is evident that each of said] tne county where he resides, the . whether such local prejudice} . It will thus be seen that since 4 he actions are brought under the proa : right = oppose the . exists pags! rag we rs — my a. Lege wg vs. pp aay e ; i “ee nore Code . e808 by § owing that the conduct of the jury. Independent of. '6 Cal. 72, the Supreme Court has * i. prsye yc foo rg of me . venience of witnesses and the ends . an express provision. of the stat-. on every occassion when the quesProbat2 Notice. cs) Civil Procedure [) this State, . ot justice would be promoted by}ue, tue Superior Court ought} tion has been before them, ad. te the Supericr Court’ of the County of ( which provides: “Actions for. re;susing the change, anu suci . uot to be called on betorel ssues Of hered to and reaffirmed the rule as Reiger aig a Secale Iv we r. . the ioffowing cause must be tried . ‘#ct# shoud govern and controi. iact have been joined to decide announced in that Case, that, . matter of the last will of John S. Dunn, de: the court in devermining the ques. what the convenience of witgesses . where tne defendant asks 4 changh . Cond 28 petition ot 4. D. Fleming Te S i : . decree for specific performance of written _ in the county where the cause ol uon Whether tue appilcallun ior a will be promoted by 4a cbange of] of the place Of trial beiore aus wer. contract. 3 sure action or some part thereof arose, . cuange shouid be granted or not.” . the place of trial, or that an action . ing in the case, oa the ground oi > pues eee oe ot ns gone dae and ~ Subject to the like power of the} 4m the 47_Ual. 192, supra, the . cannot be fairly and impartiality } bis resilience, tne aa me uecree of thie Court Sachoriging ea izes \\ court to ch he pl of trial; court again announced tie same . tried in the county In which it is/not coutest his mgnt to sue ing the executors of the last willof John 8. AM Ruy.. % <: sgh ie ae ia “. conciusion iy te ioliowing words: . pending. It his (diet2zndanvs) mo-} coange on the. grouud of, either peasy pe ten Re Ee itera on \ v7 : ' Te Yj Gail in tore E . 2. S22 = © “where the action is brought in a} tivn to change the place of trial 1s. Gonvenience of witnesses, OF OD) 5 oLerty situated ia Hevada City, Nevaua WON Py Wray We a Sis ' 2. Against a public officer for} county othe: than that in which prought to a hearimg beiore he has] the ground that a lair on lm pareqauhy bare omy Aged conan, in Hye , ; ni zz : ‘ Z ; i n 4 at BS ‘ ; ‘ . be had in tne] ing ¢ between the said deceased an e “ i 7 } an act di _[ We delendant resides he bas a auswered the piainuif can not) tial trial can not aa ee ’ Z Bs s 4 ue one by virtue of his office prima lacie right to have the venue . by cruss-motion demand the re-. county of defendant’s residence. as BE Rag g tag hg ape Bd ‘ b) . \ i= => 7) oe AND oo rete oe changed to tne county of his resi. tention of the action in the county . see also 6 Nev. 241: 4 aa ed a the day of hearing said petition, at . : sti ij a7 Sf jeu , re mic ky y i the hour of 10 o’clock a. M. of sai y, a F ; . ees Cak Section 395 provides : In all} uence, vut this right is SuDJect to where it is pending on, the ground Lhese authorities seem to i ate iu eroot of the said. county ot Ne, x Place, Third Street, still passing down J. om to of . Other cases the. action. must ~be{ We puwer Of Wie court, (0 retain . of convenience, etc. the question at issue here agaiNst . y,4,° and it is turther ordered that notice : : : ° : mt tried in the county ia which the une cause for trial in thecounty in} In the case aboye referred a ne piainuffs, so far ha hove plainthareot be given py reonenne cg Siche Because of its absolute Purity-and Special Suitableness for Family Use and eee 4 4 2 which It is brought, 11 the conve-. the detendant when he appeare ‘3 rely upon a right to Oppose . tne Perr, a. ug i mabe Dat! Modic ni ; x Dee ed ee aii» efendants or some of them reside . “iencu of wimess and tne ends u1. by demutrer, moved the court tor. tne “mution of Geteadants 1or . TMRscairy, a gewepeper printed a4 baby al Purposes SNOWI1 LAKE WHISKY is now and will continue to set os the commencement of the ac. jusuce require 10.” a change Ol the place of, tril on . cuange of place* of trial, on me weeks before he oud day sppcinied for the be quite as anxiously sought after by the people as the load of hay was sought e ” at : : ‘ ’ ri ; < -resi* ice Ol Wi varing of said petivion, ans a@copy o ; S uM of piesa Section 397° provides:—-. . Agely tu the 48 Cal. 460, this . the ground that He was @ non resi. ground of the —_— oe OL Wit . nis omer be served personally on apy . after by the horse attached to Duffy’s cart. age ; . “*Lhe court may on motion change quesuon Was belore the court “ali uent of Volusa'couaty, tae county . nesses, Or Wat a Mab Pp Crawforu and Geo. A. cooper, eaecutors of : . wey said: “li the action Is) in which the suit. was pending. . tial trial can not be bad in Yuba } gaia J. 8. Dunn, at least ten days prior to — the Place of trial in the following prought 10 a county other than . the plainutt resisted the motion . County. Here it will be rememanid Fob, Les, 1008. sik teak ES For sale by all grocers and druggists. Sample Bottle Free. t the : Cubes: z that in which the defendant re-. on the ground of" convenience of a4 ; ) bered thatthe motion of dejenee te HALL; ° ‘ ; = Ae 1, When the county designated . sides, and he moves for a change! witnesses ; the Court below sefus. dants for a change of place of trial} : *" “Superior Judie, : LUHRS & CaQ., Sacramento, I Trop 8s. rk.” Fania . AEs ES ! ; is Z ‘