Wilson

From an order denying his motion for a change of venue defendant appeals.

Plaintiff commenced an action in the county of Butte against the defendant upon an open book account. The complaint alleges: “That within four years last past, plaintiff rendered, upon an open book account, work, labor, and services at defendant’s special instance and request; That the value of such work, labor and services performed by the plaintiff is the sum of One Thousand Seven Hundred Forty Eight and 45/100 Dollars ($1,748.45) ; . . . that the whole thereof is due and owing this plaintiff”; and “That said open book account was entered into in the Gridley Township and is payable therein.” Gridley Township is in Butte County.

Defendant moved to change the place of trial to San Joaquin County, basing his motion on the ground that at the commencement of this action he was, and still is, a resident of the county of San Joaquin.

In his affidavit in support of the motion defendant alleges: “that he was at the commencement of this action, and now is, a resident of the County of San Joaquin,” and “That the obligation sued upon was incurred, if at all, for the sub-hauling performed by the Plaintiff for this…