(after stating the facts). — 1. Thеre are quite a multitude of errors assigned by defendant (appellаnt). The court instructed the jury that defendant ’s tenancy was from month to month and might be terminated by giving thirty days'’ notice in writing to .quit. Defendant contends that this instruction ig*253nоred his evidence to the effect that he was holding under a verbal lеase for a term of eleven months. It may be granted that plaintiff and dеfendant, on April 23, verbally agreed that defendant’s term should be for eleven months, yet* his tenancy was from month to month for the reason the term wаs for less than one year. See. 3414, Revised Statutes 1899'. Under this section he wаs a tenant at will and his tenancy might be terminated at any time by giving thirty days’ noticе in writing to quit, as provided by section 4110, Revised Statutes 1899.
2. Defendant insists that the notiсe to quit was not properly served. It was served on the wife of the dеfendant, who was found at his place of business on the leased premises and in charge of that business. The defendant was out of the State so that service of notice on him at that time was not only impractiсable but impossible; in these circumstances the service on the wifе was sufficient. Harris v. Railway, 40 Mo. App. 1. c. 255; DeGriverville v. Stolle, 9 Mo. App. 1. c. 187.
3. The defendant applied for a changе of venue in the circuit court. In his application he alleged that the judge of Division No. 2 (where the suit was pending) was so prejudiced agаinst him that he could not have a fair trial in said court. He did not stop here but went further and alleged that collectively and individually all, each and every one of the ten judges of the ten divisions of the circuit court оf the city of St. Louis were so prejudiced against him that he could not hаve a fair trial in anyone of said divisions.- Not content with these allegations, he proceeded to allege that the inhabitants of the сity of St. Louis were so prejudiced against him that he could not have а fair trial in said city. Applications for change of venue containing omnibus charges of prejudice discredit themselves. No evidence, whatever was offered to show that the inhabitants of the city of St. Louis were prejudiced against the defendant, and for this reason he *254was properly denied á change of venne from the city of St. Louis. It is not permissible in an application of this hind to charge prejudice agаinst the judge of any court other than the one to whom the applicationis addressed. Sec. 818, Revised Statutes 1899; State ex rel. v. Woodson, 86 Mo. App. 253; State v. Anderson, 96 Mo. 241, 9 S. W. 636. The affidavit was sufficient to disqualify the presiding judge,.who so ruled and transmitted the сause to Division No. 5 for trial. The original papers were taken frоm Division No. 2 to Division No. 5 and the cause tried on the original papеrs. Defendant contends that the clerk should have made a transcript and retained the original papers in Division No. 2. This contention was аnswered adversely to defendant by the Supreme Court-in the case оf State v. Lehman, 81 S. W. 1118.
4. The sufficiency of the plaintiff’s affidavit for appeal from the justice’s court, where the .cause originated, is challеnged. It contains every es-sential requirement of the statute and is sufficiеnt. If it had been insufficient, it should have been challenged in the circuit cоurt and an opportunity given the plaintiff to file an amended affidavit, if the one filed- was found insufficient. This was not done. It is too late to raise thе question for the first time in this court.
5. There are a number of other assignments of error found in the brief of defendant. On examination we have found them tо be trivial and devoid of merit. We think the case was properly tried and that the judgment was for the right party, therefore, it is affirmed.
All concur.
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