Barnhart v. Fulkerth
Synopsis
Appeal from, an order refusing to grant a change of the place of trial from the Superior Court of Stanislaus County to the Superior Court of San Joaquin County. Hewell, J.
The action was against the defendant F., as Sheriff, and another, for the conversion of chattels levied upon under attachment, and the plaintiff moved for a change of venue to the Superior Court of San Joaquin, the nearest county.
Terry, McKinne & Terry, for Appellant, cited Code Civ. Proc., § 170; id., § 398; People v. De Guerra, 24 Cal. 73; Estate of White, 37 id. 190.
The Court: The Judge of the Superior Court having been attorney and of counsel in the proceeding (Code Civ. Proc. § 170), should have granted the motion to change the place of trial. (Code [131]Civ. Proc. § 398.) Such was the law when the motion was made. (Const., art. xxii, §§ 1, 12.)
Order reversed, and Court below directed to order the cause to be transferred for trial to the appropriate Superior Court.
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