In Re the Napa Journal

Appellant, “Napa Journal,” appeals from an order modifying a judgment establishing its status as a newspaper of general circulation, and adjudging that it has ceased to be such a newspaper. Such procedure is expressly authorized by section 4462 of the Political Code.

On June 30, 1930, a judgment was duly made and entered in the Superior Court of Napa County, whereby it was decreed that appellant was a newspaper of general circulation and “that it is now and has been continuously since the year 1884 established, printed and published at regular intervals at the City of Napa”.

On December 9, 1930, respondents George N. Francis and George H. Francis filed a petition to modify, vacate and set aside said judgment, upon the ground that the appellant had ceased to be a newspaper of general circulation, in that it “has for more than two months last past been printed and published in the City of Vallejo, County of Solano”. The relief sought was granted by the trial cdurt, which vacated the judgment and decreed that appellant has ceased to be a newspaper of general circulation.

From the agreed statement of facts it appears “that since the first day of October, 1930, a monthly average of…