Thompson

This is an appeal from an order refusing to grant a change of venue from the city and county of San Francisco to the county of Calaveras. The action is brought to obtain a money judgment against the defendants, as executors of the last will and testament of Susan Scribner, on account of moneys alleged to have been received by the testatrix in her lifetime.

Susan Scribner was a resident of San Francisco at the time of her death. Her will was probated there and her estate is now being administered there. Notice to creditors was there published, and in the notice a place is designated in San Francisco for the presentation of claims. The executors, defendants, however, all reside in Calaveras county and made the motion for the change of venue to that county.

The motion was made at the proper time and in the mode prescribed, and no counter-motion was made that the case be retained for the convenience of witnesses, nor were any facts shown in reply except those above stated.

The motion should have been granted, as the case made by appellants is clearly within the section alluded to.

The respondent makes two points in answer to appellant’s claim.

1. He says that the official…