Byrne v. Byrne

57 Cal. 348 | Cal. | 1881

The Court :

This is an appeal from an order changing the place of trial. The motion was based upon affidavits, but no demand in writing was filed. The notice of the motion was not a demand. (See § 396, Code Civ. Proc.; Estrada v. Oreña, 54 Cal. 407.)

Order reversed.