Nicholson

This is an appeal from an order denying defendant’s motion for a change of the place of trial of an action for divorce. Appellant claimed to be a resident of Fresno county, whereas the complaint was filed in Santa Cruz county, the place of respondent’s residence. . If the court below had granted the motion, there is no doubt an appellate court would hold that the order was justified by the showing made by defendant. But the affidavit and oral testimony of respondent clearly make it a ease of conflicting evidence and, under the well-established rule, the decision of the trial judge is controlling here. Appellant is not entirely accurate in the assertion that “the affidavit of plaintiff, in so far as it attempts to deny the statement of defendant that he resided in Fresno, is made upon information and belief.” It is true that she declared “that affiant is informed and believes, and upon such information and belief states the fact to be, that defendant is only temporarily residing at Coalinga and that he will not long remain there; and that he is likely at any time to depart from the state of California”; but, as to that portion of appellant’s affidavit declaring “that at the time of…