Stuart

This is an appeal from an order refusing plaintiff’s motion to change the place of trial in an action wherein the plaintiff seeks to recover, in payment of professional services rendered as an attorney at law, a specified interest in certain real property to which he alleges he is entitled under the terms of a contract between him and the defendant.

Plaintiff demanded that the place of trial of the action be changed from Monterey County to San Benito County, basing his motion upon the ground that he could not have a fair trial in Monterey County, first, for the reason that the citizens thereof were prejudiced against him, and, secondly, on account of the alleged bias and prejudice of the judge of the superior court of that county against him.

The motion was denied, and the plaintiff appeals.

As to the allegation of the motion based upon the alleged prejudice of citizens against the plaintiff, the court’s action in so far as it has reference to that phase of the motion is not attacked; nor could it well be, no proper showing having been made or attempted on that ground. [1] As to the other allegation, concerning the state of mind of the judge of the superior court toward the…