McKenzie

The above-entit1~d cause is on appeal in this court from an order of the trial court denying the of the appellant, Peoples Mutual Life Insurance for an order changing the place of trial from County to the city and county of San Francisco. The appellant has applied for “a writ of supersedeas . . . staying and restraining the trial of said cause” pending the final determination of the appeal. Section 949 of the Code of Civil Procedure provides that an appeal from a judgment or order “does not stay proceedings, without a writ of supersedeas, where it adjudges the defendant guilty of usurping, or intruding into, or unlawfully holding a public office, civil or military, within this state, or where the order grants, or refuses to grant, a change of the plaec of trial of an action.”

A mere reading of the section shows that the provision for a stay of proceedings in case of an appeal from an order denying a change of venue is not mandatory. If it were mandatory in all cases it would lead to “a most vicious practice. Every case in which one party sought delay would have to be continued upon an application for change of venue, however frivolous or imperfect it may be presented.” (Hibbard…