Cannon

This is an action to recover the value of certain eighteen tons of broom brush and for board furnished defendant and labor done. The court gave judgment for plaintiff in the sum of $612.33, with interest, and costs and disbursements, amounting to $273.45. The action was commenced in Glenn county, and summons was served in said county on October 3, 1904. Defendant appeared by demurrer, and at the same time served his demand in writing and notice of motion that the place of trial be changed to the city and county of San Francisco. The motion was made on the affidavit of defendant, the demand in writing and the papers and records on file in the action. The motion was heard on October 31, 1904, and at the hearing plaintiff’s attorney filed an affidavit of plaintiff in reply to defendant’s said affidavit. The court denied the motion of defendant, to which exception was duly taken. Thereafter, on November 10, 1904, defendant served and filed his motion to vacate and set aside the order of the court made October 31st, and to grant defendant leave to renew his said motion. This latter motion was made on the alleged grounds: 1. That said order was given and made through inadvertence and…