Kenyon

This is an appeal by defendant from an order denying a motion for a change of the place of trial from the county of Sacramento to the county of Tehama.

The complaint alleges that W. F. Montgomery, as city marshal of Red Bluff, Tehama County, “maliciously and with force, and without an order, or warrant, or process of any court authorizing him so to do, did arrest and imprison the plaintiff herein ... in the county jail of the county of Tehama . . . for a period of seven days,” and that the defendant was at that time surety on Montgomery’s official bond. The complaint contains other appropriate allegations, including an allegation that by reason of such imprisonment the “plaintiff was injured in his good name and reputation.” The answer denies that Montgomery arrested or imprisoned the plaintiff and denies that the plaintiff was injured in his good name or reputation by the alleged arrest and imprisonment.

The complaint was filed May 15, 1925, and the answer on the 23d of June. On June 29th the court made an order setting the cause for trial on the 24th of September, 1925, counsel for defendant being present in court and having notice of the order. August 31st the defendant…