Buck

The defendant is a municipal corporation composed of the inhabitants of a city in Humboldt County. The action, which is for the value of legal services performed at San Francisco, was commenced in the superior court of the city and county of San Francisco. On motion of defendant, the court made an order changing the place of trial of the action to Humboldt County. The plaintiff appeals from this order.

The first point made in support of the appeal is, that the defendant made no written demand for a change of the place of trial, such as is required by section 396 of the Code of Civil Procedure. There was a written demand filed at the proper time in the following form: — “ To the Honorable Judge of said Court, and to Charles J. Heggerty, Esq., Attorney for said Plaintiff:—

It is contended that this was a demand, not by the defendant, but by its attorneys, and in favor of such construction it is insisted that the provisions of the statute relating to change of the place of trial must receive a strict construction. We know of no reason why they should be subjected to a strict construction. The rule, on the contrary, is, that remedial statutes should *138 be liberally construed in…