Rowland

This action was brought in the Superior Court for the County of Los Angeles, against Joseph Coyne, the Sheriff of the County of San Diego, and the sureties on his official bond, to recover damages for an alleged breach by the Sheriff of the conditions in the instrument last named. Service of summons was made on all the defendants to the action in the County of San Diego, except Joseph Tasker, one of the sureties above referred to. *3 The action was commenced on the 6th of January, 1880, andón the 28th of the same month a demurrer was served and filed by Chase, Parker, and Smith, who signed the demurrer as “ attorneys for defendants.” The demurrer begins as follows: “And now come the defendants in the above entitled action, and for demurrer to,” etc.

At the same time that this demurrer was filed and served, a demand in writing, that a trial of the case should be had in the County of San Diego, was served and filed by the above-named attorneys, on behalf of all the defendants, and an affidavit of merits was made by Joseph Coyne, and also an affidavit that all the defendants were, when the action was commenced, residents of the County of San Diego, and that no one of them resided in…