Riley

This is an appeal from a judgment in favor of the defendant in an action for libel rendered upon the order of the court sustaining a demurrer to the plaintiff’s second amended complaint, the plaintiff having declined to further amend his pleading.

The plaintiff’s said complaint alleges that the defendant, a corporation, is the owner and publisher of a certain newspaper of general circulation known as “The San Francisco Post”; that on or about the twenty-eighth day of April, 1913, one Patrick Farrelly commenced an action for divorce against his wife, Flora Farrelly, in the superior court of the city and county of San Francisco, and on June 19, 1913, filed an amended complaint therein, to which on August 19, 1913, his said wife filed an answer and cross-complaint; that on August 20, 1913, the defendant caused to be published in said newspaper an article having reference to said divorce action, which article is set forth in full in said complaint, and wherein, under sensational headlines, it is stated that Patrick Farrelly in his complaint in said divorce action accuses his wife of having two “affinities,” of whom this plaintiff is named as one, who visited his home in his absence;…