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Byrne v. Byrne

57 Cal. 348 Court Department Two.] Docket No. 6,822 English

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p. 348
[No. 6,822.
Department Two.]
ELIZA A. BYRNE v. JAMES H. BYRNE.

Headnote

Demaud—Chauge of Place of Trial.—A notice of a motion to change the place of trial is not a demand.
Appeal from an order, in the Nineteenth District Court, City and County of San Francisco. Wheeler, J.
George Turner, and C. li. Greathouse, for Appellant.
John M. Burnett, and W. D. Long, for Eespondent.

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.

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