Smilie

Motion to change the place of trial from Alameda County to Sacramento County. The motion was based upon the demand and the affidavit of defendant, the ground of the motion being that, at the commencement of the action, defendant was and ever since has been a resident of Sacramento County.

The action is for divorce, the complaint alleging extreme cruelty, and was filed July 15, 1912.

The affidavit states: “That since the 28th day of June, 1912, said defendant, Florence Lucia Smilie, has resided in and intends to continue to reside in the county of Sacramento, state of California; that ever since said 28th day of June, 1912, said defendant, Florence Lucia Smilie, has been a resident of said county of Sacramento.” The remaining portion of the affidavit relates to the statement to her counsel of the facts connected with the case and the advice given that she has ‘ ‘ a sufficient and substantial defense on the merits to said action. ’ ’

In a further affidavit defendant sets forth the following facts: “That on the 28th day of June, 1912, said defendant, Florence Lucia Smilie, commenced to reside at 1118 Twelth Street, in the city of Sacramento, county of Sacramento, state of…