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" If the county in which the action is commenced is not the proper county for the trial thereof, the action may, notwithstanding, be tried therein, unless the defendant, at the time he answers or demurs, files an affidavit of merits, and demands, in writing,... "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Side 85
av Montana. Supreme Court - 1922
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 sider
...county where cither of tho parties reside or service is had." 15 Cal. 220, 418; 22 Cal. 537. $ 306. (NS) If the county in which the action is commenced is not the proper county for tho trial thereof, the acîion may, notwithstanding, be tried therein, unless the defendant, at the...
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The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - 1876 - 888 sider
...action may bo tried in any county where either of tho parties residfl or service is had." $ 396. (N. 8.) If the county in which the action is commenced is...answers or demurs, files an affidavit of merits, and demanda, in writing, that the trial be had in the proper county. Pufe sections referred to in note...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1877 - 956 sider
...however, to the power of the court to change the place of trial as provided in this act. 53 SEC. 61. If the county in which the action is commenced is not the proper county for the trial thereof, the notion may, notwithstanding, be tried therein, unless the defendant, at the time he appears and answers...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 30

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1907 - 548 sider
...real estate must be brought in the county where the same is situate, and section 2933, providing that, if the county in which the action is commenced is not the proper county for trial, the action may be tried therein, unless defendant at the time he appears and answers demands...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volum 1

1878 - 542 sider
...permitting a new affidavit to be filed. The Code provides that the cause shall be tried where brought unless the defendant, "at the time he appears and answers or demurs," files an affidavit of merits. (CCP, Section 396.) The new affidavit is not even an amendment of the first. It makes no reference...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California, Nathan Newmark - 1880 - 786 sider
...the place of trial as provided in this Code. County where defendants reside— 15 Cal. 418. § 396. If the county in which the action is commenced is...defendant, at the time he appears and answers or demurs, liles an affidavit of merits, and demands, in writing, that the trial be had in the proper county....
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1880 - 864 sider
...the place of trial as provided iu this Cod«. County where defendants resido— 15 Cal. 418. § 396. If the county in which the action is commenced is...notwithstanding, be tried therein, unless the defendant, at tho time ho appears and answers or demurs, files an affidavit of merits, and demands, in writing, that...
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The Code of Civil Procedure of the State of California, Adopted March 11th ...

California, Nathan Newmark - 1880 - 768 sider
...the place of trial as provided in this Code. County where defendants reside— 15 Cal. 418. § 396. If the county in which the action is commenced is...may, notwithstanding, be tried therein, unless the dei feudant, at the time he appears and answers or demurs,files an affidavit of merits, aud demands,...
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The Pacific Reporter, Volum 26

1891 - 1170 sider
...subject, however, to the power of the court to change the place of trial, as provided in this act. If the county in which the action is commenced is...therein, unless the defendant, at the time he appears and demurs or answers, files an affidavit of merits, and demands that a trial be bad in the proper county....
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The Pacific Reporter, Volum 115

1911 - 1170 sider
...made a showing sufficient to entitle it to a transfer of the action for trial in Los Angeles county. "If the county In which the action is commenced Is...tried therein, unless the defendant, at the time he answers or demurs, files .an affidavit of merits, and demands, in writing, that the trial be had in...
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