Doe

This appeal is from an order denying the motion of defendant Reick (sued as John Doe) for a change of the place of trial of the action and from the judgment entered against him.

The suit was in claim and delivery to recover from defendant Reick possession of a piano alleged to have been delivered to him by the defendant Hirsch, a piano salesman for plaintiff in exchange for a secondhand automobile, without authority so to do.

The action was commenced in the superior court of Fresno County and summons served on defendant Reick in Tulare County on May 17, 1910. On June 9, 1910, defendant Reick filed a demurrer to the complaint and at the same time served notice and demand for a change of the place of trial from Fresno County to Tulare County on the ground that he was' a resident of the latter county when the action against him was commenced. This demand was accompanied by what purported to be an affidavit of merits. Before the day noticed for hearing of his motion Reick filed a supplemental affidavit of merits. The motion was denied on June 20, 1910. The order of denial was clearly right as the original and supplemental affidavits of merits were radically defective in essential…