Johnston

Appeal from an order changing the place of trial.

The motion was made upon the ground that the judge of the court was disqualified by reason of being related within the third degree to one of the attorneys for the defendants. At the hearing of the motion it was made *695 to appear that John H. Hudner was the husband of a niece of the Hon. James F. Breen, the judge of the superior court for the county of San Benito, in which the action was pending, and for more than three years prior to the making of the motion had been the general law partner of N. G. Briggs, one of the attorneys of record for the defendants, and was such general law partner at the time of the appearance herein. One of the plaintiffs made an affidavit, which was read at the hearing of the motion, in which she stated “that the said John L. Hudner, Esq., has been acting continuously since the filing of defendants’ answer herein, in conjunction with his law partner, as one of the attorneys in the case, although the answer is signed by his law partner, N. C. Briggs, Esq; that at all times since the appearance of the defendants in this action, said John L. Hudner has been actively engaged in the examination of…