Davison

On July 12, 1932, the plaintiffs instituted this action to recover from the defendants the sum of $2,100 representing the principal amount of a certain promissory note alleged to have been executed by four of said defendants. On August 15, 1932, the defendants P. B. Gentry and Ruth Powell filed a demurrer to the complaint, a demand for a change of venue, an affidavit of merits, and a notice of motion for a change of the place of trial. The notice specified that the motion would be heard on August 26, 1932. The demand for change of venue stated that the defendants therein named were residents of the county of Los Angeles and they therefore demanded that the action be removed to said county of Los Angeles for trial. On August 25, 1932, counsel for the moving defendants learned that the court was on vacation and would not be in session on August 26, 1932, and that the day of the week appointed for the hearing of motions by the rules of court was Elonday. A second notice of motion for change of place of trial was accordingly filed on September 13, 1932. This notice stated that the motion for change of venue “heretofore set for the 26th day of August, 1932, has been continued to and…