Sowers

Defendant appeals from an order denying his motion for change of place of trial based on the ground of nonresidence, and granting plaintiff’s counter-motion to retain the case on the ground of convenience of witnesses.

The action was brought in Los Angeles County by defendant’s divorced wife to obtain a judgment providing for the maintenance and support of their two minor, children, whose custody had been theretofore awarded to plaintiff by a divorce decree granted in the state of Arizona, but which contained no provision for their maintenance and support. The complaint in the present action was filed on October 3, 1929. Summons was served on defendant in Sacramento, where he resided; and on October 28th he filed notice of motion for change of place of trial, a demand therefor and an affidavit of merits. Two days later, to wit, on October 3'0th, he filed his answer to the complaint, and on November 1, 1929, plaintiff filed her counter-motion, accompanied by a supporting affidavit, to retain the trial of the action in Los Angeles County. On the following day, November 2d, defendant filed a demurrer to the complaint. The motions and the demurrer were heard on November 13, 1929, at…