Sieroty

This is an appeal upon the judgment-roll from a judgment against plaintiff in the superior court after defendants’ demurrer to the complaint was sustained.

Plaintiff filed his complaint to enjoin respondent City of Huntington Park, its mayor, chief of police, trustees and councilmen from arresting or otherwise interfering with plaintiff in the distribution of an advertising publication in said city. The complaint sets out two counts, and appellant for the purposes of this appeal concedes the correctness of the ruling of the trial court as to the first. The second alleges in substance that the plaintiff at all times mentioned was the owner and publisher of an advertising publication known as “Better Home Furnishing Facts”, which was distributed by plaintiff to the “homes and residences” throughout Los Angeles County and particularly in said City of Huntington Park; that plaintiff’s business of distributing such publication developed into a profitable one; that said, publication and the matter contained therein “are not indecent or offensive in any respect” and are identical in “form and content to a large degree with advertising matter published in a large number of newspapers…