Byrne v. Byrne

California Supreme Court
Byrne v. Byrne, 57 Cal. 348 (Cal. 1881)

Byrne v. Byrne

Opinion of the Court

The Court :

This is an appeal from an order changing the place of trial. The motion was based upon affidavits, but no demand in writing was filed. The notice of the motion was not a demand. (See § 396, Code Civ. Proc.; Estrada v. Oreña, 54 Cal. 407.)

Order reversed.

Reference

Full Case Name
ELIZA A. BYRNE v. JAMES H. BYRNE
Cited By
8 cases
Status
Published
Syllabus
Demaud—Chauge of Place of Trial.—A notice of a motion to change the place of trial is not a demand.