McDougall

Appeal by defendant L. E. Hall from an order denying his motion for a new trial. The action was originally commenced in San Francisco County by plaintiff, an architect, against George R. Eaton, L. E. Hall, and W. D. Trewhitt to recover the expenses incurred in the preparation of certain plans and specifications for the construction of a building, alleged to have been ordered by said defendants under a promise upon their part to pay for the same. The complaint was filed on May 21, 1909.. On September 10th following defendant Hall filed a demurrer to such complaint, and at the same time filed an affidavit for change of venue, setting forth the fact that neither affiant nor any of his co-defendants were residents of the city and county of San Francisco, but that, on the contrary, both affiant and Trewhitt were residents of Kings County; and at the same time Hall filed proper affidavits of merits, together with a demand for change of place of trial, notice of the hearing of which demand was duly given on the date of filing. Thereafter, on October 25, 1909, service of process in the mean time having been had upon defendant Trewhitt and he having made default, the superior court of San…