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Foye v. Simon

2 Cal. Unrep. 216 Court Cal. Decision date 1883-10-22 Docket No. 7559 English

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p. 216
FOYE, Respondent, v. SIMON et al., Appellants.
No. 7559;
October 22, 1883.

Headnote

Venue—Eight of Nonresident to Change.—A person sued in a state court in a county other than that of his residence is, on proper application being made, entitled to a change of venue.
APPEAL from Superior Court, Fresno County.
Tupper & Tupper for respondent; Jno. C. Burch for appellants.

The defendants were entitled to an order changing the place of trial to the city and county of San Francisco, their place of residence: Cooke v. Pendergast, 9 Pac. C. L. J. 755.

Order reversed and cause remanded, with instruction that an order be made, transferring the cause to the superior court of the city and county of Sari Francisco.