Chew

An action was commenced by the plaintiff in the county of Plumas. The complaint united a cause of action for the foreclosure of a mechanic’s lien against the defendant Muir and Storrie & Co., a copartnership, with a personal action against the said defendants, and several surety companies which were joined as defendants, based upon their liability, independent of the mechanic’s lien, upon surety bonds and a builder’s bond given for the faithful performance of a contract. The prayer of the complaint asked for the foreclosure of the mechanic’s lien to satisfy an amount alleged to be due the plaintiff as a subcontractor, and also asked for a personal judgment against the defendants upon the bonds. The defendants, Muir and Storrie & Co., filed a motion for change of place of trial on the ground that their place of residence was in the city and county of San Francisco. This motion was accompanied with the proper notice, demand and affidavits. The motion was granted and the cause was transferred to the city and county of San Francisco. From this order the plaintiff has appealed.

A claimant is entitled to try an action which is instituted solely for the purpose of foreclosing a…