Banta

This action was commenced in the superior court of the county of Fresno, on December 16, 1895. The purpose of the action was to have it adjudged that the plaintiff was the owner and entitled to the possession of an undivided one-third interest in all the property, business, proceeds, and profits *79 of an alleged copartnership, and for an accounting. Five parties were named in the complaint as defendants, of whom two, Arnold Wink and Isaac Banta, resided in the state of Oregon; two, George C. Holbrook and W. C. Weymouth, resided in the city and county of San Francisco; and one, James Tiscornia, resided in the county of Calaveras. Wink and Banta were temporarily in the county of Fresno when the action was commenced, and were at once served with the summons. Thereafter, on the 26th of the same month, they appeared by their attorneys and demurred to the complaint. The other defendants were served later, and on January 24, 1896, appeared by their attorneys and demurred to the complaint, and at the same time served upon the attorney of plaintiff and filed affidavits of merits and stating the places of residence of said defendants, and a demand in writing that the trial be had in the…