Thurber

This is an appeal from an order of the superior court of the county of Santa Cruz denying a motion of defendant to change the place of trial of the cause from said county of Santa Cruz to the city and county of San Francisco.

The action was commenced November 30, 1894, to recover money from the defendant.

The summons was served upon the defendant at the city and county of San Francisco on the fifteenth day of April, 1895.

Defendant appeared in due time, filed a demurrer, an affidavit of merits, and showing that he was a resident of the city and county of San Francisco, a demand for a change of the place of trial from the county of Santa Cruz to the city and county of San Francisco, together with a notice that on the twenty-seventh day of May, 1895, he would move the court, upon the affidavit and *609 demand aforesaid, for an order changing the place of trial as aforesaid.

The affidavit of defendant, Thurber, stated “that he is now, and for several months last past has been, an actual and bona fide resident of the city and county of San Francisco, state of California,” but did not in terms state that he was such resident at the date of the commencement of the…