complained of was done by, and suit was brought against a person who by command of such officer, or in his aid, performed the act which is the subject of the action, add:] and that such person is a resident of the last-named county, etc. § 1010. Affidavit on the ground of non-residence. A. B., the defendant in the above-entitled action, being duly sworn, deposes and says as follows: I. The summons and complaint in this action were served on me on the . . day of . 19.. II. I further say, that I have fully and fairly stated the case in this cause to G. H., my counsel, who resides at No. . . . in . . street, in the city of. and after such statement I am by him advised and verily believe that I have a good and substantial defense on the merits to the action. III. All the parties defendant to this action reside in the county of . . ., in this state. [JURAT.] [SIGNATURE.] § 1011. Affidavit on ground of partiality and prejudice. Form No. 335. [Same as in form No. 334, down to paragraph III.] III. I have reason to believe, and do believe, that I cannot have a fair and impartial trial in said court, in which this action is brought, by reason of the interest, prejudice, and bias of the people of said county. [Give the facts.] [JURAT.] A. B. § 1012. Affidavit on account of convenience of witnesses. Form No. 336. [Same as form No. 334, down to paragraph III.] III. I have fully and fairly stated to my counsel the facts. which I expect to prove by each and every one of the following witnesses, viz. J. K., L. M., and O. P.; and each and every one of them is a material and necessary witness for my defense on the trial of this cause, as I am advised by my said counsel, and verily believe, and that without the testimony of each and every one of the said witnesses I cannot safely proceed to the trial of this cause, as I am also advised by my said counsel, and verily believe. IV. That each and every one of said witnesses reside in the county of . . ., viz.: [State the residence of each.] V. The facts which I expect to prove by said witnesses are as follows: By J. K., the fact that, etc.; by L. M., that, etc. [JURAT.] [SIGNATURE.] § 1013. Affidavit on the ground of disqualification of the judge. Form No. 337. [Same as in form No. 334, down to paragraph III.] III. That the Hon. X. Y., judge of the court in which the complaint in this action is filed, is disqualified from presiding in the same [he being related to the plaintiff within three degrees of consanguinity, to-wit, a brother of the plaintiff; or, he having heretofore acted as counsel in this action on the part of plaintiff]. [JURAT.] § 1014. Affidavit resisting motion for change. [TITLE.] Form No. 338. [SIGNATURE.] A. B., plaintiff above named, being duly sworn, says as follows: I. I have fully and fairly stated to E. F., my counsel in this cause, who resides at . . ., in the county of . . ., the facts which I expect to prove by each and every one of the following witnesses, viz. G. H., of the town of . . . ; J. K., of the town of . . . ; L. M., of the town of . . ; all of whom reside in said county of and that they are, each and every one of them, material and necessary witnesses for me on the trial of this cause, as I am advised by said counsel, and as I verily believe; and that without the testimony of each and every one of said witnesses I cannot safely proceed to the trial of this cause, as I am also advised by my said counsel, and verily believe. II. That the facts which I expect to prove by said witnesses are as follows: [State in detail the facts and circumstances expected to be proved by each witness, naming him, and the materiality of those facts.] [JURAT.] [SIGNATURE.] § 1015. Order to show cause with stay of proceedings. On the affidavit of C. D., served herewith, and the demand therein mentioned, and on the pleadings, let the plaintiff show cause at the courtroom of this court on the . . . day of . . . 19 at . . o'clock in the . . . noon, or as soon thereafter as counsel can be heard, why the place of trial of this action should not be changed from the county of. . . to the county of . . . ; and why the defendant should not have the costs of this motion, and such other relief as may be just. And until the determination of this motion, let all the proceedings on the part of the plaintiff be stayed. Let this order and said affidavit be served on the plaintiff's attorney on or before the . day of.. 19.. By the Court: L. M., Superior Judge. § 1016. Order changing venue, on judge's own motion. [TITLE.] Form No. 340. This cause being now pending in this court at issue, and it appearing to the judge thereof that he has been of counsel for one of the parties thereto [or, that he is interested in the subject-matter thereof; or, that he is related to one of the parties], therefore: Ordered, that the place of trial of this action be changed from county to [DATE.] By the Court: county. L. M., Superior Judge. At a regular term of the superior court of the county of..., state of California, held at . The motion to change the place of trial in this action coming on regularly to be heard this day, A. B., Esq., appearing in favor of said motion, and C. D., Esq., appearing in opposition thereto, and the court being duly advised: It is ordered, that the motion to change the place of trial in this action be and the same is hereby denied (with... dollars costs). P. P. F. Vol. I-39 § 1018. Order granting change of place of trial. Form No. 342. [Commencement as in form No. 341.] It is ordered, that the place of trial of this action be and is hereby changed from the county of to the county .. ... ... § 1019. Order to transfer cause to another court, on account of disability of judge. It being shown to the court by G. H., of counsel for the defendant, that the judge of this court was heretofore of counsel in a cause involving the same title which is in issue in this cause: It is ordered, that this cause be transferred to the superior court of the county of . . . for trial. CHAPTER XXXVIII. REMOVAL OF CAUSES TO FEDERAL COURTS. § 1020. While the subject of removal of causes from state to federal courts is not, strictly speaking, within the scope of a work on code pleading and practice, it is deemed advisable to treat the subject briefly in connection with the subject of change of venue from one state court to another. § 1021. Statutes. The principal statutes of the United States authorizing and regulating the transfer of causes from state courts. to courts of the United States have been the acts of 1789, 1866, 1867, and 1875. The twelfth section of the Judiciary Act of 1789, and that of July 27, 1866, and March 2, 1867, although technically repealed, are substantially embodied in section 639 of the Revised Statutes. There are other provisions of the statute covering the transfer of a limited number of special cases, but section 639 of the act of March 3, 1875,' as amended by the act of March 3, 1887,2 as re-enacted by the act of August 13, 1888,3 provides for nearly all the cases met with in ordinary practice. The act of 1888 expressly repeals all laws and parts of laws in conflict with its provisions.* Special cases not within section 639 of the act of 1875, or that of 1887, are-1. Cases, civil and criminal, in any state court, against persons denied civil rights; 2. Suits, civil and criminal, against revenue officers of the United States, and against officers and other persons acting under the registration laws; 3. Suits by aliens against civil officers of the United States, under certain circumstances." The act of March 3, 1887, as re-enacted by the act of August 13, 1888, and amendatory of the act of 1875, may be regarded as embodying all the general laws on the subject of the removal of causes. The intention of the act is to restrict removals from 1 18 U. S. Stats., § 470. 2 24 U. S. Stats., § 552. 8 25 U. S. Stats., § 433. 4 Desty's Removal of Causes, § 561; Desty's Fed. Proc., § 96. U. S. Rev. Stats., §§ 641, 642. U. S. Rev. Stats., § 643. U. S. Rev. Stats., § 644. |