California Supreme Court, 1881

Barnhart v. Fulkerth

Barnhart v. Fulkerth
California Supreme Court · Decided July 15, 1881
59 Cal. 130

Barnhart v. Fulkerth

Opinion of the Court

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 *131Civ. 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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