Bernou

This is an appeal from an order denying the defendant’s motion for a change of the place of trial of this action.

The plaintiff, on the twenty-ninth day of July, 1909, filed a complaint for a divorce from defendant in the superior court in and for the county of Tuolumne. On the twelfth day of November, 1909, the defendant filed a general demurrer to the complaint and at the same time filed a demand and notice of motion for a change of the place of trial of the action from Tuolumne county to the city and county of San Francisco. Said motion was based upon the ground that the “defendant is now, and was at the time of the commencement of this action, and for a long time immediately prior thereto had been, a bona fide resident of said city and county of San Francisco, ’ ’ etc.

The order appealed from was made entirely upon affidavits filed by the respective parties, and if said affidavits present a conflict upon the question whether the defendant was a resident of the city of San Francisco at the time of the commencement of this action, the decision of the trial court thereon cannot be disturbed by this court. (Doak v. Bruson, 152 Cal. 19 , [ 91 Pac. 1002 ], and cases therein cited.…