Cavitt

This is an appeal from an order denying a motion by defendant for a change of the place of trial.

There is absolutely no merit in the motion to dismiss the appeal, and, contrary to the plaintiff’s contention, the affidavits in the record show that the defendant at the time of the commencement of the action resided in the county of Los Angeles.

In the defendant’s demand for a change of the place of trial, in the notice of motion, and in several of the affidavits which were filed in the proceeding, there were many interlineations and erasures. This is so with reference to the affidavit of merits verified and filed by the defendant; and it is the plaintiff’s principal claim in support of the order of the trial court that the defendant, although requested, refused to say that the alterations therein were made prior to the execution of the instrument, and that upon objection by plaintiff upon that ground the court excluded the same from consideration, and accordingly denied said motion. The record, however, does not show that the defendant was asked to account for the appearance of the alterations, or that he refused to do so; or that plaintiff made any objection to the consideration…