Jensen

This is an appeal from an order granting defendant’s demand for a change of place of trial.

At the time of the commencement of the action in the superior court of San Diego county, the respondent, Fred Dorr, was a resident of Los Angeles county. With his demurrer to the complaint he filed what purported to be an, affidavit of merits, together with a demand in writing that a trial be had in the county wherein he resided. Whereupon, the court made an order transferring the case for trial to Los Angeles county. Plaintiff appeals from this order, the ground therefor being the insufficiency of the affidavit made by respondent, Dorr.

The statement in the affidavit that on “the 2d day of December, 1907, being the day of the beginning of these proceedings, the affiant had his place of residence in Los Angeles county,” is a sufficient averment of the fact that at the time of the commencement of the action he resided in Los Angeles county.

The averment constituting the affidavit of merits is as follows : ‘ ‘ That affiant has filed his demurrer herein and has fairly and fully stated all the facts to his counsel of record herein, and is advised and believes that he has a good and valid…