Baker

— Plaintiff sued in San Mateo County to recover $650 alleged to have been paid the defendant Jackson for corporate stock. The grounds of the action were that the stock was purchased from Jackson, who was a licensed stock broker, through fraudulent representations of the assets and liabilities of the corporation by which the stock had been issued. The defendant National Surety Company was joined as the surety on Jackson’s bond as a stock broker.

In due time the defendant Jackson, with the consent of his co-defendant, moved for a change of the place of trial to San Francisco, the county of his residence and the county where the surety company maintained its principal place of business in this state. An affidavit of merits was served and filed with the notice of motion, but no counter-affidavits were presented by the plaintiff. The motion was denied and from this order the defendant has appealed on the printed record.

The respondent has not appeared on this appeal other than to stipulate that the cause may be submitted on the transcript, but we are informed that the only ground of opposition to the motion made below was that the affidavit failed to state that the affiant believed…