Reid

This is an appeal from an order and judgment of dismissal in an action for libel.

The plaintiff filed a suit for damages against the defendant. Two causes of action were alleged. The first cause was based on a charge of libel consisting óf a complaint for insanity which was sworn to and filed in the justice’s court at Willows, California. This accusation of insanity appears in full as a part of the complaint in this action. The second cause of action consists of a charge of malicious prosecution based upon the same proceeding which is alleged in the first cause of action. No demurrer to the com- , plaint was filed. The answer consists of a general denial and does not affirmatively allege that the making and filing; of the accusation of insanity was a privileged proceeding. But as a matter of law, it appears to be absolutely privileged. At the trial the court sustained objections to the introduction of evidence on the part of plaintiff with respect to the first cause of action, and a judgment of dismissal was subsequently entered. At the close of plaintiff’s evidence, a nonsuit was also granted in the second cause of action. The plaintiff has appealed only from the order and…