Welch

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

The action was begun in the superior court of Alameda County. It is a proceeding in mandamus against the defend ant, as treasurer of San Benito County, to compel him as such treasurer, to pay to the state treasurer the sum of $1460, alleged to be due the state from the defendant as treasurer of San Benito County, on account of children committed from said county to the California Home for Feeble Minded Children. The defendant resides in San Benito County. He asks for a change of venue to that county on the ground that he resided there when the action was begun. The general'rule, as stated in section 395 of the Code of Civil Procedure, is that an action must be tried in the county in which the defendant resides at the commencement of the action, and, unless this case falls within some of the statutory exceptions to this rule, the motion should have been granted.

The plaintiff’s claim is that it falls within the class described in section 393 of the Code of Civil Procedure, declaring that certain actions “must be tried in the county where the cause, or some part thereof, arose.”…