Bachman

Appeal from an order changing the place of trial.

The action was brought in Kern county against Frank Cathry, John Doe, and Richard Roe, and the plaintiff alleges in the complaint that he “ is ignorant of the true names of the defendants sued herein under the fictitious names of John Doe and Richard Roe, and asks that when their true names are discovered this complaint may be amended by inserting the same in lieu of said fictitious names.” The summons was served upon the defendant Cathry in the county of Inyo, February 28, 1895, and returned to the clerk’s office on the 11th of March. March 9th Cathry gave notice of a motion to change the place of trial to the county of Inyo, upon the ground that at the commencement of the action all *500 of the defendants named in the complaint were residents of said Inyo county, accompanying this notice with his affidavit that at the commencement of the action, and for more than twelve months prior thereto, he and each of his codefendants were bona fide residents of the county of Inyo. After this notice was given, an alias summons was issued upon the complaint, and on the 13th of March, 1895, was returned with an affidavit indorsed thereon that…