Goldtree

ON BEHEARING.

It being assumed upon the former decision of this appeal that the errors relied upon on the appeal from the judgment were the same as those presented on appeal No. 472, which was considered with it, the error of the trial court in awarding a personal judgment against the defendants Howard and Long escaped attention.

We are satisfied that while the laborers working for the subcontractor, Stabler, were entitled to have that portion of the sewer fund earned by their labor applied to the payment of their claims, they were not entitled to a personal judgment against the contractors.

In other respects we are satisfied with the opinion of this court filed in appeals Nos. 472 and 445 on the tenth day of January, 1908, which opinion is as follows:

It is accordingly hereby ordered that the judgment of the superior court be modified by striking out the names “P. A. Howard, John T. Long,” following the words “do have and recover of and from the defendant,” in paragraph 2 thereof, and that the judgment as so modified be affirmed.

Allen, P. J., and Shaw, J., concurred.

A petition for a rehearing of this cause was denied by the district court of appeal on August 8, 1908, and…