Bonestell

This is an action to recover damages for the publication of an alleged libel. To the plaintiff’s second amended complaint the defendants interposed a general and special demurrer, which the court sustained, whereupon, the plaintiff declining to further amend his complaint, judgment was entered in favor of the defendants. The appeal is from that judgment.

The article forming the foundation of this action appeared in the Coalinga Oil Record, a newspaper published by the defendants in Fresno County, where both the plaintiff and the defendants reside and are engaged in business. Prior to the publication plaintiff had acted as attorney for the members of the city council of Coalinga in a recall proceeding instituted against them, in connection with which a petition for a writ of mandamus had been filed in the office of the clerk of the district court of appeal, praying for a peremptory writ directing the said trustees to call an election. Answer to the petition had been made, and the district court had appointed one Pierce Evans, city recorder of the city of Coalinga, to hear evidence upon certain issues presented by the petition and answer, and to report findings of fact to the…