Lemon

Appeal by defendant Holt Manufacturing Company from an order after judgment vacating such judgment and giving plaintiff leave to file an amended complaint.

The plaintiff on November 10, 1906, filed his complaint against defendants, in which he set up as a first cause of action that between June 1 and November 1, 1906, he had, at the instance and request of defendant Hubbard, performed work in, about and upon a certain threshing-machine, known as the Holt Combined Harvester, while engaged in threshing and in the use and possession of Hubbard, all in the counties of Tulare and Kern; that Hubbard agreed to pay for said services $686, which sum was a reasonable compensation for such services, and no part of which has been paid, except the sum of $131.60, and that there remained due, owing and unpaid from defendant Hubbard to plaintiff for such services the sum of $554.40; that the defendant Holt Manufacturing Company claimed some interest in said harvester, but that the same was subordinate to plaintiff’s claim; that plaintiff claims a lien upon said steam harvester for such work and labor by the action commenced within ten days after cessation of the work. In thirteen subsequent…