Mahler
Mahler v. Drummer Boy Gold Mining Co.
Opinion
Lead Opinion
Chipman, J.
Motion to change the place of trial.
Plaintiff commenced the action in Siskiyou county to recover from defendants for services as superintendent of certain quartz mines in said county. It is alleged in the complaint that plaintiff was employed by defendants on August 1, 1905; that he commenced work on October 20, 1905, and “continued to work for defendants as superintendent until the fifth day of March, 1906.” The complaint was filed April 13, 1906. Plaintiff “prays judgment against defendants and each of them. ”
Defendants moved the court to change the place of trial from Siskiyou county to the city and county of San Francisco on the ground that at the commencement of the action the latter place was and ever since has been their place of residence.
At the hearing of the motion it appeared from the uncontradicted affidavit of defendant Emmons that defendant corporation, at the commencement of the action, was a corporation organized under the laws of this state, with its principal place of business at the city and county of San Francisco, which was then and is now its residence and its principal place of business. Affiant also deposed that he was at the commencement of the…