Etherton

An appeal from an order denying motion for a change of venue.

An action was brought by San Jose Hospital, a corporation, against defendant E. E'. Etherton, a resident of Los Angeles County, to recover damages for the failure of the latter to complete the construction of a building in accordance with the contract between the above parties and against defendant Hart-Wood Lumber Co., a foreign corporation, as surety on the bond executed by both defendants to indemnify plaintiff against loss in the event of a failure by Etherton to perform the contract mentioned.

An answer was filed by defendant corporation and thereafter Etherton served and filed a demurrer to the complaint with a demand and notice of motion for a change of venue to Los Angeles County, the motion being supported by an affidavit of merits.

The motion was denied and Etherton appeals from the order.

The allegation as to the residence of Etherton was not denied by respondent, but its counter-affidavit filed in opposition to the motion alleged that the answer of defendant corporation raised several issues of fact requiring the testimony of at least fifteen witnesses at the trial of the action, all of whom resided in…