95 P. 887 | Cal. | 1908
This is an appeal from an order of the superior court of the city and county of San Francisco denying appellants' motion for a change of place of trial of the above-entitled action from said superior court to the superior court of the county of Sacramento. The action was one instituted in the superior court of the city and county of San Francisco against appellants, who were respectively secretary of state, assistant attorney-general, and state printer of the state of California, and the members of the partnership farm of A. Zellerbach Sons, to which a contract for the furnishing of certain paper for use in the state printer's office had been awarded by appellants in their official capacity, to enjoin further action in regard to or under said contract, upon the ground that the same was illegal and void. The official acts of appellants in the matter were performed in the county of Sacramento, the place where they had their offices and transacted their official business. The defendants Zellerbach were residents of the city and county of San Francisco. The plaintiff corporation was a taxpayer of the state, and was engaged in the same line of business as A. Zellerbach Sons, and claimed that it was the lowest bidder for the furnishing of the paper, and was itself entitled to the contract.
Appellants motion for a change of place of trial was based entirely on the provisions of section
This subdivision is not applicable to the case at bar. This action is not one against a public officer "for an act done by *420 him in virtue of his office" within the meaning of those words as the same are used in this law. It was held in McMillan v.Vischer,
The order denying appellants' motion for a change of place of trial is affirmed.
Shaw, J., and Sloss, J., concurred. *421