Moore

This is an action brought by plaintiff upon his own claim and certain claims assigned to him by his fellow-laborers, for work performed by them as miners.

The .court found in favor of the plaintiff on his own and the assigned claims and “that defendant Charles Mushrush promised to pay each of said above-named persons at the rate of three and 50/100 dollars a day wages for eight hours work,” no part of which has “ever been paid to either or any of said named persons.”

The action was to recover not only the wages of the men, hut also the penalty as provided by the act entitled, “An act providing for the time of payment of wages,” approved May 1, 1911 (Stats. 1911, p. 1268), and the amendment thereof, approved April 28,1915, in effect August 8,1915 (Stats. 1915, p. 299).

The court found, in addition to the sums found due as wages, that there was due each of the several claimants a sum specifically found “as a penalty for nonpayment of wages.” Judgment was accordingly entered in favor of plaintiff and against defendant Mushrush for the sum of $1,010.55 as wages and the further sum of $1,184.15 as a penalty. The findings were in favor of the other defendants. The appeal is from the…