Aisbett

This is an appeal from an order denying a motion made by defendants for a change of the place of trial from the county of Los Angeles to the county of San Bernardino.

The action (one other than those described in sections 392, 393, and 394 of the Code of Civil Procedure) is brought by stockholders of the Paradise Mountain Mining and Milling Company, a corporation, against said corporation and members of its board of directors, joined therewith as defendants, to have declared null and void certain proceedings wherein an assessment was levied upon the corporate stock of the corporation, and to enjoin a sale of plaintiffs’ stock for failure to pay said assessment, as well as for other relief.

Section 397 of the Code of Civil Procedure provides that the court may, on motion, change the place of trial when the county designated in the complaint is not the proper county. The proper county for the trial, as appears from 'section 395 of the Code of Civil Procedure is “the county in which the defendants, or some of them, reside at the commencement of the action.” If the county wherein the action is brought is not the proper county, “the action may, notwithstanding, be tried therein,”…