Ahlf

Appeal from an order refusing to change place of trial.

The action was commenced in the city and county of San . Francisco. Thereafter application for change of venue was made on the ground that none of the proper defendants in the action were residents of such city and county; that plaintiff had no actual cause of action against certain parties nominally named defendants and such defendants were joined for the fraudulent purpose of depriving the real defendants of their right to have said action tried in the place of their residence.

The action was one for libel based upon three different writings each containing references to the plaintiff corporation to which exception is taken. It is alleged that two of these writings were "written by defendants Deuel and Barnard. The defendant California Farm Bureau Federation is named as their employer. The participation of other defendants in the publication of the alleged libel is made on information and belief. Appellant herein, one of the defendants, made his appearance by filing a demurrer, a demand for a change in the place of trial, together with supporting affidavits. After a hearing the motion was denied. The court below did not…