Keller

— On February 20, 1926, the plaintiff began this action to recover from the defendant the sum of $322.88, balance alleged to be due on certain promissory notes. On the thirtieth day of March, 1926, the defendant filed a demurrer, a demand for a change of place of trial, and an affidavit of merits. The demand, omitting the title, is in the following words: “I, the undersigned, defendant, in the above entitled Action, hereby demand that the place of trial of this cause be changed to the proper county, to-wit: the County of San Mateo, State of California. ’ ’ (Signed by defendant.)

The affidavit of merits, omitting the title, reads as follows:

No notice of motion for the removal of said cause was ever given or filed by the defendant, nor was any motion ever made by the defendant invoking the action of the court in relation to the removal of said cause. The ease remained in statu qua until the seventeenth day of May, 1926, when the demurrer interposed by the defendant was overruled by the trial court and an order made purporting to deny the motion for a change of venue, the record showing that neither the defendant nor his counsel were in court. Under the rules of the court, the…