Marston

This isan appeal from an order denying a motion for a change of venue. The action was brought in Napa County and defendant claimed to be a resident of Marin County, and the only question is whether there is any conflict in the evidence as to her residence. The matter was submitted upon affidavits and it is not disputed that the rule in such ease for the guidance of an appellate court is the same as where oral testimony is presented; and therefore we must accept as established the facts recited in the affidavits of the prevailing party and if therefrom a rational inference can be drawn in consonance with the order of the lower court, we must affirm said order. (Bernou, v. Bernou, 15 Cal. App. 341 , [ 114 Pac. 1000 ].)

Three affidavits were filed on the part of plaintiff. In that of E. S. Bell it was stated that “he had been personally acquainted with the above named defendant for a period of ten or fifteen years; that about two weeks prior to the commencement of this action defendant visited the offices of this affiant in the city of Napa and in the discussion of the matters of the issues involved in the above entitled action, informed this affiant that she had leased the ranch…