Walsh

On August 16, 1919, petitioner Leyla M. Walsh filed in the superior court of Sacramento County a complaint for a divorce against her husband, Earnest E. Walsh. On September 16th the defendant appeared in the action and filed a general demurrer to the complaint, a demand for a change of the place of trial, with an affidavit of merits and of his residence in the county of Butte. At the same time the defendant filed in the court a written instrument purporting to be a motion for said change of the place of trial, referring therein to the fact that said demand and affidavit were filed therewith, and averring that he had “served upon the opposing counsel notice of this motion, which said notice sets forth that this motion will be called for hearing on the twenty-ninth day of September.” A copy of this instrument was served on the same day on the attorney for plaintiff. On the following day, September 17th, plaintiff in said action served upon the attorney for the defendant a notice in writing that on Monday, the twenty-second day of September, she would present a motion to said superior court “for an order awarding and allowing her, as such plaintiff, the sum of one hundred dollars as…