Younger

In this case the trial court denied the defendant’s motion for a change of the place of trial upon the ground that the place of residence of the defendant at the time of the commencement of the action was the county of Santa Cruz, and not the city and county of San Francisco.

In our opinion the court erred in its conclusion. The affidavits filed by defendant and in .his behalf stated positively that the defendant at the time the action was commenced was, and for many years prior thereto had been, a resident of the city and county of San Francisco, and that he has always during said times been registered as a voter in said city and county of San Francisco, and has never resided or been registered as a voter at any other place for the past forty-five years.

The only affidavit in opposition to the above is that of plaintiff’s attorney, which states that for more than twenty years defendant has been the owner and in possession of a piece of real property situate in Santa Cruz county known as the Aptos ranch; that there is upon said ranch a dwelling-house which, when occupied, is occupied by defendant and his family as a residence. “That said Spreckels remained and resided in and…