HUBBARD v. MT RAYMOND MINING COMPANY (1939)

Supreme Court of California.

H. H. HUBBARD, Plaintiff and Respondent, v. MT. RAYMOND MINING COMPANY (a Corporation), R. L. Bradford, Defendants and Appellants; J. Wesley Smith, L. M. Bradford, J. J. Hurlburt et al., Defendants and Respondents.
J. Wesley SMITH and L. M. Bradford, Cross-Complainants and Respondents, v. MT. RAYMOND MINING COMPANY (a Corporation), R. L. Bradford, Cross-Defendants and Appellants; H. H. Hubbard, J. J. Hurlbert, Cross-Defendants and Respondents; H. M. Gardiser et al., Cross-Defendants.

Civ. 6210(3).

Decided: August 21, 1939

Robert E. Hatch and Louis Bulasky, both of San Francisco, for appellants. Wyckoff, Gardner & Parker, of Watsonville, for respondent Hubbard. Hubert Wyckoff, Jr., of San Francisco, for respondents Smith and Bradford.

Appellants' petition for hearing herein is denied. In denying said petition, we withhold approval of that portion of the opinion wherein it is stated [92 P.2d 412], ‘inasmuch as all of the defendants did not join in the motion to change the place of trial, the court properly refused to grant the motion.’

PER CURIAM.

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