Hearne

This is an appeal from an order of the superior court of the county of San Diego, denying a motion by defendant De Young to change the place of trial to the city and county of his residence, viz., the city and county of San Francisco.

The action is brought in the county of San Diego, to recover from the defendants, M. H. De Young and J. F. Blunt, and each of them, the sum of one hundred thousand dollars as damages sustained by plaintiff, by reason of an alleged libel published by said defendants of and concerning plaintiff in the San Francisco Chronicle.

The complaint avers that during all the times therein mentioned M. H. De Young was the proprietor and the defendant Blunt was the San Diego correspondent of a certain daily newspaper known as the San Francisco Chronicle, which said newspaper had and still has a large circulation in the city of San Diego, state of California.

That on the twenty-seventh day of August, 1894, the said defendants and each of them did maliciously and falsely print and publish in said San Francisco Chronicle, and did maliciously, willfully, and falsely cause to be printed, published, and circulated in said paper, in said county of San Diego, a certain…