Hays v. Cowles

This is an appeal from an order denying appellant’s motion for a change of place of trial of the within action from the county of San Mateo, wherein it was brought, to the city and county of San Francisco, wherein appellant and respondent resided at the time of and prior to the commencement of the action. There was no counter-affidavit filed and the sufficiency of the moving papers is not questioned; hut in support of the trial court’s order respondent contends first that the action is one for the recovery and the partition of real property situate in San Mateo County, and that therefore by…