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Barnhart v. Fulkerth

H. BARNHART v. A. S. FULKERTH

Barnhart v. Fulkerth, 59 Cal. 130 (1881)
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Court
California Supreme Court · State Highest Courts
Decided
July 15, 1881
Docket
No. 7,189
Citations
59 Cal. 130
Headnotes
Change of Place of Trial—Disqualification of Judge—Action against a Public Officer.
Summary
Appeal from, an order refusing to grant a change of the place of trial from the Superior Court of Stanislaus County to the Superior Court of San Joaquin County. Hewell, J. The action was against the defendant F., as Sheriff, and another, for the conversion of chattels levied upon under attachment, and the plaintiff moved for a change of venue to the Superior Court of San Joaquin, the nearest county. Terry, McKinne & Terry, for Appellant, cited Code Civ. Proc., § 170; id., § 398; People v. De Guerra, 24 Cal. 73; Estate of White, 37 id. 190.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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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 *131 Civ. 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1892: 11919: 118922026peak 1892 · 1

Relies on it most ⓘ

  1. Favorite v. Superior Court of Riverside Co.184 P. 15 (Cal. 1919)
  2. Upton v. Upton29 P. 411 (Cal. 1892)

Most recent

  1. Favorite v. Superior Court of Riverside Co.184 P. 15 (Cal. 1919)
  2. Upton v. Upton29 P. 411 (Cal. 1892)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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