Manning

This is an appeal from a judgment against the defendants and in favor of the plaintiff in an action brought to recover the sum of four hundred and fifty dollars for building materials alleged to have been sold and delivered by plaintiff to the defendants, and used by them as contractors in the construction of a building for one T. J. Hammond in the "city of Fresno.

Prior to the commencement of the present action the plaintiff filed its claim of lien against the lot of land upon which the building was erected for the value of the material furnished the defendants, and in due time instituted an action to foreclose said lien, in which the defendants here were joined as defendants with the owner of the building. By their answer the defendants pleaded the pendency of the previous action in abatement of the present action. The plaintiff’s motion to strike out this defense was granted, and it is of this that the defendants chiefly complain.

Incidentally counsel for the defendants discuss the question as to whether or not the plaintiff was entitled in this action to a writ of attachment under the provisions of the amendment of 1911 to section 1197 of the Code of Civil .Procedure,…