Marston v. Watson

BURNETT, J.

This isan appeal from an order denying a motion for a change of venue. The action was brought in Napa County and defendant claimed to be a resident of Marin County, and the only question is whether there is any conflict in the evidence as to her residence. The matter was submitted upon affidavits and it is not disputed that the rule in such ease for the guidance of an appellate court is the same as where oral testimony is presented; and therefore we must accept as established the facts recited in the affidavits of the prevailing party and if therefrom a rational inference can be drawn in consonance with the order of the lower court, we must affirm said order.

(Bernou,

v.

Bernou,

15 Cal. App. 341, [114 Pac. 1000].)

Three affidavits were filed on the part of plaintiff. In that of E. S. Bell it was stated that “he had been personally acquainted with the above named defendant for a period of ten or fifteen years; that about two weeks prior to the commencement of this action defendant visited the offices of this affiant in the city of Napa and in the discussion of the matters of the issues involved in the above entitled action, informed this affiant that she had leased the ranch upon which she then lived from her mother, Sarah

Watson;

that she had taken up

[467]

her abode on said ranch as her residence and intended to give the running of the said ranch her personal attention; that she was making her home upon said ranch and expected to develop said ranch and put it upon a paying basis; that to affiant’s knowledge she had been on said ranch for a period of several months prior thereto, and ever since the said date of said conversation at affiant's offices, defendant has been an actual

bona fide

resident of the county of Napa, state of California.”

In his affidavit, G. W. Watson declared- that “he has known the defendant above named since the time of her birth; that he has been acquainted with her place of residence from her said birth up to the time of the making of this affidavit and does now depose and say; that she, at the time of the commencement of the above entitled action, was a resident of the county of Napa, and had been for a long time prior thereto, and is still at the present time a resident of the county of Napa; that she lived upon the adjoining premises to those occupied by this affiant, situate in Napa County, California, as her place of residence for a period of more than four months prior to the commencement of this action, and that said defendant actually occupied said premises as her home and place of abode during all the times herein mentioned.”