70 P. 183 | Cal. | 1902
This is an appeal from an order refusing to grant a change of venue on the ground of the convenience of witnesses. Both parties are corporations which have their principal places of business in San Francisco, where the suit was brought. The action was to recover damages for injury to real property situate in Kern county. A former motion for a change of venue was made, based on section 392 of the Code of Civil Procedure, which provides that actions for injuries to real property must be tried in the county where the land is situated. An order denying a change of venue was affirmed here, on the ground that section 16, article 12, of the constitution denied a defendant corporation that right
Counsel contend that this matter was disposed of on the former appeal, which has been mentioned. But the question was not, and could not have been, raised on that appeal.
The cause is remanded, with directions to the superior court to dismiss the action.
We concur: Henshaw, J.; McFarland, J.