Bonestell, Richardson & Co. v. Curry

Place op Trial—Action against Public Officers — Act Done by Virtue op Office.-—Section 393 of the Code of Civil Procedure,, providing that actions against a public officer for an act done-by him in virtue of his office, must be tried in the county where-the cause, or some part thereof, arose, applies only to affirmative-acts of the officer which directly interfere with the personal rights- or property of the person complaining, such as wrongful arrest, trespass, conversion, etc., and does not apply to mere omissions of neglect of official duty.

Id.—Enjoining Performance op Illegal Contract—County op Residence op Defendants.—An action by a taxpayer against the-secretary of state, the assistant attorney-general and the state-printer, and the members of a firm to which a contract for the furnishing of paper for use in the state printer’s office had been-awarded by such state officials, to enjoin further action in regard-to or under said contract, upon the ground that the same was-illegal and void, is not an action against public officers for an act done by them, but is an action against them and the other persons-to prevent the doing of certain acts in the future. The proper county for the trial of such action, subject to the power of the-court to change the place of trial on statutory grounds, is the county in which the defendants, or some of them, reside at the commencement of the action.