Jaques

This is an appeal from an order changing the place of trial. At the time of serving and filing his demurrer. to the complaint, the defendant served upon plaintiff and filed a notice of motion for a change of venue, on the ground of his residence, together with an affidavit of merits and a demand in writing that the trial be had in the proper county. At the time and place specified in the notice the plaintiff appeared and opposed the demand and motion. The original affidavit of the defendant contained the clause: “I am the defendant in said action, and I reside in the city and county of San Francisco.” At the beginning of the hearing the court, over the objection of plaintiff, permitted the defendant to serve upon plaintiff and file an amended affidavit containing, in place of the last-quoted clause, the following: “I am the defendant in said action, and at the commencement of this action resided, ever since have resided, and I now reside in the city and county of San Francisco, State of California.” It is apparent that the first affidavit was defective in its failure to aver that defendant resided in San Francisco at the time of the commencement of the action. By the amendment…