Smith v. Smith

This action was commenced in Tuolumne County, against the defendant, who was then a resident of the county of Merced. After the service of the summons upon the defendant, and at the time of his demurring to the complaint, he filed an affidavit of merits, and demanded, in writing, that the place of trial of the action be changed from Tuolumne County to Merced County, upon the ground that Merced was the proper county for the trial of the action, and supported his motion by an affidavit that at the time of the commencement of the action he was, and had been for many years prior thereto, a resident of the county of Merced. The motion was denied, and the defendant has appealed from the order denying the same.

It is alleged in the complaint that in July, 1876, one D. G-. Smith, under whom the plaintiffs claim, was the owner and in possession of certain real estate in Tuolumne County, and certain estate in Merced County, and certain personal property consisting of upwards of twenty-six thousand sheep, together with horses, wagons, harnesses, and camp equipage, and was at the same time indebted to the defendant in the sum of thirty-one thousand dollars, and to other persons in the…