People ex rel. State Bd. of Harbor Comm'rs v. Larue

The Court

Appeal from an order refusing to change the place of trial.

Both defendants filed a demurrer to the complaint, and filed a demand in writing, signed by their attorney, that the place of trial be had in the county where they resided. Notice of the motion for change of place of trial was given by both defendants, and stated that the motion was based on the papers on file and the affidavit of Greenlaw. The affidavit of merits was the affidavit of defendant Greenlaw alone, and stated that “ he has fully and fairly stated his case, and the facts constituting his defense in the said…