Kellems

These are motions in two libel actions consolidated for trial, seeking taxation as costs against the unsuccessful plaintiff of a total of $3,600 as defense counsel fees.

At the time of trial 18 defendants remained in each action, all represented by one set of counsel. During trial, each action was, by stipulation, dismissed as to 14 defendants. Judgment was thereafter ordered in favor of the remaining four defendants. All 18 defendants have now *360 moved this court to tax against plaintiff and in favor of each of them severally, in each action $100 as attorneys’ fees. The motion is based on the California Statute relating to libel actions, reading as follows: “In case plaintiff recovers judgment, he shall be allowed as costs one hundred (100) dollars, to cover counsél fees, in addition to the other costs. In case the action is dismissed, or the defendant recover judgment, he shall be allowed one hundred (100) dollars, to cover counsel fees, in addition to the other costs, and judgment therefor shall be entered accordingly.”

Act 4317, Sec. 7, Deering’s California General Laws Vol. 2, p. 1533.

The plaintiff maintains the motions are improper, asserting that federal statutes and…