J. I. Case Threshing Co. v. Copren Bros.

Appeal from an order to change the place of trial from Sierra County to Plumas County on motion of plaintiff made on the ground that an impartial trial cannot be had in Sierra County. The action was to recover judgment upon certain promissory notes executed by the defendants for the purchase price of a certain traction engine, and was begun in the city and county of San Francisco, but the venue was changed to Sierra County, on the ground that all the defendants resided therein.

The cause was tried before a jury in Sierra County and a verdict directed by the court was rendered in favor of plaintiff. An appeal was taken to this court which resulted in a reversal of the judgment. The remittitur went down in January, 1917, and on April 18, 1917, the court made its order from which this appeal was taken. As yet the cause had not been set for trial and, of course, no attempt had been made to obtain a jury. The motion was heard upon the affidavit of Jesse J. Dunn, attorney for plaintiff, and “upon the papers and files in the case” and upon the affidavits in rebuttal of John V. Copren, attorney for defendants, and 'Win. J. Copren, one of the defendants in the action.

By the affidavit of…