Read v. San Diego Union Co.
Read v. San Diego Union Co.
Opinion of the Court
This appeal is from an order denying appellant’s motion to change the place of trial of said action from Los Angeles county, where it was brought to the county of San Diego, in which said corporation has its place of business. Two prior motions to change the place of trial had been made by the defendant corporation, and denied by the court below, and appeals were taken from each order. The first of these appeals (L. A. No. 884) was decided June 26, 1901, and the order was reversed, with directions to the court below to grant said motion (ante, p. 703, 65 Pac. 567). After the motion in No. 884 was denied by the superior court, the demurrer of the corporation to the complaint was heard and
We concur: Gray, C.; Cooper, C.
For the reasons given in the foregoing opinion, the appeal is dismissed, at appellant’s cost.
Reference
- Full Case Name
- READ v. SAN DIEGO UNION CO.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Consecutive Appeals—Identical Facts—Dismissal.—Pending appeal from an order denying defendant a change of venue, a demurrer to the complaint was sustained, and, after the complaint was amended, defendant again moved for change of venue, and appealed from the order denying the change. Held, that on determination of the first appeal the second presented merely a moot case, and would be dismissed.