Maher

for libel based upon the publication by the defendants in the “Santa Cruz Evening News,” a newspaper of general circulation, published in the city of Santa Cruz, of the following article: “A peremptory writ of mandate to compel the mayor and city council of Santa Cruz to call an election within sixty days, to enable the citizens of the city to vote on the proposed recall of these officials, ‘for mismanagement and misappropriation of public funds,’ was issued here today by the District Court of Appeal.” The complaint further set forth that the plaintiff was at the date of the publication of said article, and at the commencement of said action, the duly elected, qualified, and acting mayor of the city of Santa Cruz; that the defendants meant by said publication and were understood by those who read said publication to mean that the plaintiff had been guilty of want of integrity in his conduct of said office, and of the felonious embezzlement of the public funds of said city; that said publication was false and defamatory, and that by reason of said false and defamatory publication the plaintiff had been damaged in the sum of ten thousand dollars. It was not alleged in said complaint…