Coghlan

Plaintiff Coghlan brought suit against Weisman Bros., as the contractor, and Salvatore Quartararo, as the owner, to recover a balance unpaid him, as subcontractor, for lathing and plastering a building constructed by Weisman Bros, for said Quartararo.

The other plaintiffs joined in bringing a similar action against the same defendants, the Swett-Davenport Lumber Company, seeking to recover for lumber furnished the contractor for said building, and Lettich-Foin Company, seeking to recover for the plumbing of said building.

Weisman Bros, defaulted and never appeared. The actions were consolidated and were tried together as one action. Findings of fact were made and judgments entered for the several plaintiffs as prayed for, against the contractors, Weisman Bros., and the amounts thereof adjudged to be a lien against the premises of Quartararo, with the usual decree of foreclosure to satisfy the same.

Defendant Quartararo appealed both from the judgment and from the order denying his motion for a new trial, and brought both appeals up on the same record, consisting of the judgment-roll and a bill of exceptions settled before the hearing upon the motion.

It appears that the notice…