Tooms v. Randall
Cases that cite this one
9 later published cases cite this decision.
- Lyons v. Brunswick-Balke-Collender Co. (Cal. 1942)
- Ramos v. Lloveras-Soler (Supreme Court of Puerto Rico 1927)
- Ramos v. Lloveras Soler (Supreme Court of Puerto Rico 1927)
- Fresno Planing Mill Co. v. Manning (Cal. Ct. App. 1912)
- Reed & Co. v. Harshall (Cal. Ct. App. 1910)
- Riverdale Mining Co. v. Wicks (Cal. Ct. App. 1910)
- California Savings & Loan Society v. Harris (Cal. 1896)
- Cook v. Pendergast (Cal. 1882)
- Pearkes v. Freer (Cal. 1858)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court. Wells, Justice, concurred.
This is an appeal from the refusal of the District Court to change the venue. The application was made on the ground that neither of the parties reside in the district.
By the common law practice such an objection could only be taken by plea in abatement, before filing a plea in bar, and the latter is always a waiver of all matter in abatement.
The same strictness must be adopted here, relatively to our form of practice, because the principle prevails here, as well as elsewhere, that the law abhors a dilatory plea. Matter in abatement, or what was such at common law, must therefore be set up in- the answer, and with such particularity as to exclude every conclusion to the contrary.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.