Woods

This is a motion on the part of respondents to affirm an order denying defendants’ application for a change of venue.

The complaint was brought against the principal and sureties on an indemnity bond for the value of labor performed and materials furnished by the plaintiffs pursuant to a contract for the repairing of a hotel building at Red-ding. The defendants filed a motion for change of venue based upon an asserted residence in San Francisco. The plaintiffs filed a counter-motion to retain the action for trial in the county of Shasta. Affidavits and counter-affidavits were filed by the respective parties on both motions. Upon the hearing of these motions the court denied defendants’ application for a change of venue and granted plaintiffs’ motion to retain the action for trial in Shasta County. A notice of appeal was filed in due time and a demand for a transcript was made pursuant to section 953a of the Code of Civil Procedure. The clerk prepared and personally certified to the proceedings, including therein the complaint, counter-motions, demands and accompanying affidavits of the respective parties, the minute order of the court disposing of these motions, the notice of…