Boehm

This is an appeal from a judgment against plaintiffs upon sustaining a demurrer to their third amended complaint. The action was commenced by the filing of the complaint on January 8, 1914, and after the demurrers to the complaint and to three amended complaints were sustained judgment was entered on the last demurrer September 30, 1915. The amended complaint contains fifty-four separate causes of action, all involving claims of individuals who held paper routes and agencies for the selling and delivering within the limits of such routes of the “San Francisco Call,” a daily morning newspaper, which prior to the commencement of the action had been published by the defendant Spreckels in the city of San Francisco. During the pendency of the action the plaintiffs commenced a new action in the same court upon the same cause of action set forth in what is designated as the second cause of action in the complaint in the instant case. This new action was commenced on October 22, 1914, and, after demurrers were sustained to the complaint and amended complaints, judgment was entered in favor of the defendant and an appeal was taken therefrom on November 15, 1915, the same day on which the…