Topham

The appeal herein is from an order denying a motion for change of venue. Plaintiffs T. E. Topham and Jessie A. Topham, husband and wife, brought their action in the Superior Court of the State of California in and for the County of Riverside. The defendants D. C. Huntington and Mathilde S. Huntington, husband and wife, were residents of the county of Los Angeles, California, at the time plaintiffs instituted said action. D. C. Huntington, one of the defendants, was not served with summons in said cause and the proceedings herein were and are on behalf of the defendant Mathilde S. Huntington alone. Said appearing defendant filed her notice of motion, affidavit of residence, affidavit of merits and demand for a change of place of trial, alleging as a ground for her demand for change of place of trial her residence in said county of Los Angeles; she also filed her answer and cross-complaint in said action at the same time, to wit, November 22, 1929. The sufficiency of the proceedings are not challenged. Said motion was noticed for hearing December 9, 1929, and came on regularly to be heard at said time. At the time of or immediately before said hearing the plaintiffs gave notice of…