Anaheim Odd Fellows' Hall Ass'n v. Mitchell

Appeal from an order denying motion for change of place of trial.

This is an action instituted in the superior court of Orange county to recover a personal judgment for $600, against the appellant Mrs. N. H. Mitchell for one-half the cost of a party-wall erected by respondent under an agreement whereby said appellant covenanted to pay respondent one-half the cost of such part of the wall as she might thereafter use. It is charged that she made use of the wall in constructing a building upon her lot adjoining that of the respondent, and that one-half the cost of the wall so used by her was $600. She refused to pay same on demand; hence this action to recover the sum alleged to be due.

At the commencement of the action said appellant resided in Los Angeles county. She interposed a demurrer to the complaint, and pursuant to notice thereof moved the court to change the place of trial to the county of her residence, accompanying the same with a proper demand therefor in writing and affidavit of merits, which, among other facts, averred that she was at the time of commencement of the action a resident of Los Angeles county. No counter-affidavits were filed. Upon this record the court…