Campbell

This action was commenced in the superior court in and for the county of Sacramento, to recover certain moneys which came into the hands of respondent in his official capacity as medical superintendent of one of the state asylums for the insane. In due time and form, respond ent, who was at the time the action was commenced a resident of Los Angeles county, made his motion that the place of trial be changed to the county of his residence, and this appeal is from the order granting said motion.

There can be no doubt that as a general rule all actions for the recovery of money must he tried in the county where the defendant resides, unless he directly or impliedly consents to a trial elsewhere. (Code Civ. Proc., secs. 395, 396.) It is, however, contended by appellant that a contrary rule, applying to actions such as the one at bar, is declared in subdivision 16 of section 433 of the Political Code. The provision relied upon is found in a section of the code defining and enumerating the duties of the controller of this state, and reads as follows: “To direct and superintend the collection of all moneys due the state, and institute suits in its name . . . against persons who by any…