Carter

This is an appeal from an order of the superior court of the state of California, in and for the county of Modoc, denying the motion of defendant and appellant to change the place of trial of said action from the county of Modoc to the city and county of San Francisco. The defendant and appellant at the time of the filing of his demurrer also filed his demand in writing that the trial of said action be had in the proper county and accompanied said demurrer and written demand with affidavits of merits and a notice of motion to change the place of trial to the city and county of San Francisco as the proper county for the trial.

Defendant’s motion was heard on the twelfth day of November, 1919, counsel for plaintiff and for defendant being personally present in court, and said motion was presented upon the complaint of the plaintiff and demurrer of the defendant as well as the defendant’s written demand for change of place of trial and his notice of motion and accompanying affidavits. No counter-affidavits or testimony in opposition to said motion were offered. The court denied defendant’s said motion. Appellant contends that he was entitled to have the action tried in the city and…