Heald v. Hendy

The Court.

The action was brought in the Superior Court of El Dorado County. Defendant demurred to the complaint, and at the time he appeared and demurred (Code Civ. Proc. § 396), demanded in writing that the trial be had in San Francisco, the proper county. Upon due notice defendant moved for a change of the place of trial upon affidavit that, at the commencement of the action and afterwards, he resided in the city and county of San Francisco, and no affidavit denying the statements of defendant’s affidavit was filed on the part of plaintiff. When, on the 27th of October, 1883, defendant’s…