Simpson v. Hosin

PREWETT, P. J., pro tem.

This is an unusually frivolous appeal. The defendant, on motion, procured an order changing the place of trial from the county of San Joaquin to the county of Yuba, on the ground that he resides in the latter county. The appellants appeal from this order. The record is utterly barren of debatable questions. Only two points are made by the appellants.

[1] (1) It is claimed that the affidavit does not show affirmatively that the defendant was not a resident of the county of San Joaquin. But the code does not require this negative showing. Section 395 of the Code of Civil…