86 P. 840 | Cal. Ct. App. | 1906
This action was commenced in the superior court in and for the county of Sacramento, to recover certain moneys which came into the hands of respondent in his official capacity as medical superintendent of one of the state asylums for the insane. In due time and form, respondent, *603 who was at the time the action was commenced a resident of Los Angeles county, made his motion that the place of trial be changed to the county of his residence, and this appeal is from the order granting said motion.
There can be no doubt that as a general rule all actions for the recovery of money must be tried in the county where the defendant resides, unless he directly or impliedly consents to a trial elsewhere. (Code Civ. Proc., secs.
We can see nothing in this language which changes the general rule, or excepts actions commenced by the state from its operation. There is no hint that the jurisdiction thus conferred is exclusive, nor is it provided that actions therein mentioned must be tried in Sacramento county. The subdivision is entirely silent on this point, and no intention to change the ordinary rule governing the place of trial is manifested. The main, central object of this provision is to give the controller power to institute certain suits in the name of the state, and it seems to us that, given a reasonable construction, the clause in question simply means that such suits may be instituted in the county where the seat of state government is located, and where the controller has his official residence. (Pol. Code, secs. 145, 852.) The section in which the subdivision is found relates to the general duties of the controller, and that is certainly one of the last places where an attorney or judge would look for a law governing the place of trial of civil actions. On the other hand, section
There is another reason why the order of the court must be sustained. Section 4481 of the Political Code provides that: "If the provisions of any title conflict with or contravene the provisions of another title, the provisions of each title must prevail as to all matters and questions arising out of thesubject matter of such title," and there is a provision common to the Code of Civil Procedure and the Political Code which recites that each establishes the law of this state respecting *605
the subjects to which it relates. (Code Civ. Proc., sec.
Many cases may be found where general laws relating to procedure have been held applicable to the state, but it will only *606
be necessary to refer to a case cited by appellant, where the necessity for service of notice of appeal in cases where the state was appellant is discussed. (San Francisco etc. Co. v.State,
Eliminating section 433 of the Political Code from consideration, it would hardly be contended that section
The order is affirmed.
Buckles, J., and Chipman, P. J., concurred.