Ross

This is an appeal by plaintiff from an order denying his motion for a change of place of trial on the ground that he could not have an impartial trial in Imperial County. The motion was made after answer filed, and submitted upon the pleadings and upon affidavits in behalf of both parties.

Appellant’s contention is that the order should be reversed because the -allegations of specific facts in the affidavits submitted in support of the motion, upon which the ultimate conclusion of the impossibility of securing an impartial trial is predicated, are not controverted, and therefore the trial court should have given no weight to the counter-affidavits which, in the main, stated merely the conclusion of the affiant that no prejudice existed which would interfere with an impartial trial.

From the voluminous affidavits in the record we cull the following allegations of fact which are substantially uncontroverted : Prior to the assault hereinafter referred to, plaintiff, by his exceptional activity in a crusade against vice conditions in the city of Brawley and other portions of the county, had incurred the enmity and hatred of “a large number of people,” some of whom were socially and…