Beyer

Plaintiff and appellant has appealed from an order of the Superior Court of Los Angeles County granting a motion for a change of venue to the county of Inyo, on the ground of the convenience of witnesses. The objection of the plaintiff is set forth in the objection filed by appellant in the lower court, to the motion for change of venue, which objection also contained a notice of counter-motion to retain the cause in Los Angeles County, on the ground of convenience of witnesses and on the further ground of disqualifica tion of the judge of Inyo County by reason of his interest in said action and that the ends of justice will not be promoted by such a change.

This counter-motion was presented upon the affidavit of one of the attorneys for plaintiff and upon stipulation of the plaintiff as to what the testimony of defendants’ witnesses would be.

The affidavit of the attorney for defendant and respondent, filed in support of defendant’s motion for a change of venue, recites the fact that the plaintiff’s cause of action is based upon the alleged liability of the defendant, Fidelity and Deposit Company of Maryland, as surety upon the official bond of the public administrator of the…