Bowers

This action was commenced in the superior court of Modoc county to recover the sum of four hundred and twenty-five dollars, alleged to be the balance due and unpaid for thirty head of cattle sold and delivered by plaintiffs to defendant on or about November 7, 1892, at the agreed price of twenty-two dollars and fifty cents per head. The complaint, which was verified, alleged that defendant paid to plaintiffs on account of said purchase price the sum of two hundred and fifty dollars at the time of the sale and delivery of said cattle, and agreed to pay the balance thereof, four hundred and twenty-five dollars, on or about April 1, 1893. It also alleged “ that the aforesaid sale of said cattle was made and the obligation from the defendant to plaintiffs hereinbefore set out arose and is payable within the county of Modoc, state of California.”

After being served with summons defendant appeared and filed a demurrer to the complaint, an affidavit of merits, and a demand in writing that the place of trial of the action be changed to the city and county of San Francisco. The demand was based upon the grounds: That for many years prior to the commencement of the action defendant’s…