Chavez

This appeal is by the plaintiff from a judgment against him in an action brought to recover damages for an alleged libelous publication. This matter came before the supreme court of this state upon an appeal from a judgment entered after a demurrer to the complaint had been sustained, and the opinion filed upon that appeal is reported in 185 Cal., at page 20 [ 195 Pac. 666 ]. Therein the judgment was reversed. We shall not repeat herein the statement of facts, but merely refer to the former opinion, which fully embodies them. In that opinion the complaint was carefully analyzed and many of the statements in the article complained of are designated as fair comment, provided there was truth in the statement that the plaintiff had circulated “a deliberate lie maliciously framed.” The supreme court said that the quoted language necessarily implied full knowledge on the part of plaintiff of the untruth of the statement on the card as to Walton J. Wood and a deliberate statement thereof with such knowledge.

On the coming down of the remittitur, the demurrer was overruled and the defendant answered the complaint. After denying certain of its allegations, for further defense, it was…