Hubbard

Two appeals are involved here. Plaintiffs appeal from the portion of the judgment foreclosing the mechanics’ liens of some of their assignors and denying relief for the claim of Hubbard & Carmichael, one of plaintiffs’ assignors. Plaintiffs also appeal from the order of the trial court refusing to strike out the cost bill for costs on a former appeal.

The present plaintiffs are the executors of the original plaintiff, now deceased.

When this ease was originally tried the judgment in .favor of the then plaintiff included the Hubbard & Carmichael lien filed July 2, 1913. The defendants each appealed from the judgment and order denying a new trial. On this appeal the judgment was modified in certain respects, including the disallowance of this particular lien on account of the claim of lien having been filed too late. (Hubbard v. Jurian, 35 Cal. App. 757 , [ 170 Pac. 1093 ].) Upon the going down of the remittitur the trial court entered judgment in accordance with its directions upon the same findings of fact, but. containing recitals of the appeal and decision on appeal. Thereupon plaintiffs moved for a new trial, which was denied, and then took this appeal from a portion of the…