Barnhart v. Fulkerth

59 Cal. 130 | Cal. | 1881

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 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.