Nolan

Action brought in Los Angeles county to recover commissions on sale of real property by plaintiffs as agents of defendant. Complaint was filed May 24, 1897. The matter is here on appeal from an order denying defendant’s motion for change of place of trial to Santa Barbara county. The proceedings as they appear from the transcript were as follows: On June 15, 1897, defendant made an affidavit of merits, and on the same day signed a demand directed to plaintiffs’ attorneys that the place of trial be changed, and on the same day defendant’s attorneys signed a notice directed to plaintiffs’ attorneys stating that defendant would, on June 30, 1897, at 10 o’clock A. M., or as soon thereafter as counsel could be heard, move for a change of the place of trial, and that the motion would be heard “upon affidavits, copies of which are herewith served upon you, and upon the demand to change the place of trial and the papers on file in the case,” et cetera. Defendant also, on the same day, served upon plaintiffs’ attorneys a general demurrer to the complaint. These papers were all duly served on plaintiffs’ counsel and filed. “On the twenty-eighth day of June, 1897, said demurrer came on…