Sims

This is an appeal by the defendants, E. P. Mains and Phoebe S. Mains, from an order denying their motion for change of place of trial. The allegations of the complaint are as follows:

The complaint then prays for possession of the property, or for $900, the value thereof, etc.

The defendants, E. P. Mains and Phoebe S. Mains, Maud B. Graybiel, A. Bethel Colwell and Cora M. Graybiel, appeared by filing a demurrer to the plaintiff’s complaint. At the time of the filing of the demurrer, the defendants, E. P. Mains and Phoebe S. Mains, filed a demand for a change of place of trial from the county of Merced to the county of San Diego, stating in the demand that the defendants, E. P. Mains and Phoebe S. Mains, are both residents of the county of San Diego, and that no one of the defendants stated in the complaint is a resident of the county of Merced.

Accompanying the demurrer and demand, and filed at the same time, was an affidavit of merits, a notice that the defendants, E. P. Mains and Phoebe S. Mains, would, at a day and time named in the motion, move the court for a change of place of trial to the county of San Diego. The affidavit filed by E. P. Mains and Phoebe S. Mains sets…