Smith v. Smith

—Plaintiff sued to recover money alleged to be owing from defendant Smith on a written contract. The defendant title company was sued as stakeholder of corporate stocks deposited by defendant Smith as security for payments as called for by the contract. The suit was filed in the city and county of San Francisco, which is the residence of the title company. The defendant Smith, a resident of Santa Clara County, moved for a change of the place of trial, and his motion was granted. The appeal is from that order.

The motion was heard on the affidavit of respondent Smith alone. No counter showing…