Schilling

Plaintiff, an attorney-at-law, commenced an action in the superior court of the city and county of San Francisco to recover for legal services alleged to have been rendered to defendant. On application of the defendant, the cause was transferred to the superior court of Humboldt County, that county being the place of defendant’s residence. Thereafter the plaintiff applied to said superior court of Humboldt County to have the cause retransferred to the superior court of the city and county of San Francisco, on the ground that the convenience of witnesses would thereby be subserved, and that the ends of justice would be promoted by the change. In support of his application he filed affidavits, which were' met by countervailing affidavits upon the part of the defendant. Upon the hearing his application was denied, and he appeals.

As to the convenience of witnesses, the affidavits show, that upon the trial of the cause the plaintiff intended to prove the value of his services by the testimony of certain attorneys (named in the affidavit) residing in the city and county of San Francisco. It does not appear from the affidavits that he intended to call these witnesses as to the nature…