Benjamin

On July 2,1953, plaintiff filed an action for divorce in the Superior Court of Los Angeles County. Defendant was served with summons and complaint in the county of Riverside on or about August 7, 1953. Subsequently, defendant made a motion to change the place of trial to Riverside County. No counter affidavits or other documents were filed by plaintiff in opposition thereto. At the hearing on defendant’s motion held on August 21, 1953, the testimony of witnesses offered by plaintiff was taken, and defendant’s motion was denied.

On September 23, 1953, the latter filed a motion to vacate the aforesaid order denying the motion for change of venue, and also filed a motion to make a new order changing the place of trial to Riverside County. Contemporaneously therewith, defendant filed a new affidavit of merits accompanied by some 23 affidavits of persons who were not parties to the litigation. At the subsequent hearing on the last-mentioned motions, both were denied. Prom the order denying the- aforesaid motions defendant prosecutes this appeal.

As to the first of the foregoing motions the following will serve as an epitome of the factual situation presented to the court. It is…