Venue—Change of Place of Trial—Besidence of Defendant—Insufficient Affidavit—Proper Amendment.—Where the defendant made a proper demand to change the place of trial of an action to the county of his residence, but the affidavit was insufficient in merely stating his residence as of the time of making the affidavit, the court did not abuse its discretion in allowing him to amend the affidavit by stating his residence at the time of the commencement of the action and ever since.

Id.—Power of Court to Allow Amendment Under Section 473— . Liberal Construction—Belation Back to Original.—The court had the power to allow the amendment to the affidavit under section 473 of the Code of Civil Procedure, which is to be liberally construed, with a view to promote justice. The amended affidavit when allowed, related back to the time of the filing of the original affidavit; and it then furnished information upon the ground of the motion for a change of the place of trial, and supplied sufficient evidence to warrant the order granting it.

Id.—Presence of Parties in Court at Time of Motion upon Amended Affidavit—Amended Notice not Bequired.—The parties being in court when the amended affidavit was allowed, and the motion thereupon was heard, no amended or additional notice of the motion was required.

Id.—Formal Notice of Motion not Necessary—Begulation Under Bules of Court.—The statute does not require formal notice of the motion to change the place of trial. When the demand and application with demurrer were served and filed, the plaintiff had due notice of the application. Any additional notice would be regulated or determined by the rules of the court. The “motion” is the formal application in court for the order, in its regular course of procedure; and the court, in such regular course, has jurisdiction to hear and determine the motion.