Pleading—Complaint in Several Counts—General Demurrer—Sufficiency of One Count.—If a cause of action is stated in only one of several counts of a complaint, the pleading is sufficient as against a demurrer on the ground “that said eorrvplaint does not allege facts sufficient to constitute a cause of action.”

Vessels.—Liens—Construction of Code Provisions.—Section 3060 of the Civil Code and section 813 of the Code of Civil Procedure, providing for liens upon vessels, and each of which was enacted at the time of the adoption of the codes in 1872, are, under section 4480 of the Political Code, to be construed together, as though they had been passed at the same moment of time, and were parts of the same statute.

Id.—Liens for Work and Materials in Construction—Amount of Debt Immaterial.—Section 813 of the Code of Civil Procedure gives a lien for work done or materials furnished in this state for the original construction of a vessel irrespective of the amount of the debt.

Id.—Debt Contracted for Benefit of Ship—Limitation on Amount. —Section 3060 of the Civil Code, providing that “debts amounting to at least fifty dollars, contracted for the benefit of ships, are liens in the eases provided by the Code of Civil Procedure,” is not applicable to debts contracted in the original construction of a vessel. It refers only to such debts as are contracted for the benefit of a vessel, after it has been completed and made ready for use as an instrument of commerce or navigation.

Id.—Completed Vessel:—Instrument of Commerce.—Everything originally done in making a vessel complete and ready for use as an instrument of commerce or navigation is construction work, and a structure becomes a ship within the meaning of the maritime law only when such construction work has been fully completed.

Id.—Pleading—Action to Enforce Lien—Work and Material Must Have Been Furnished to be Used.—In an action to enforce such a lien, the complaint, as against a general demurrer, must show that the services and materials were not only furnished in the actual construction of such vessel, but also were furnished to be used in such construction.

Id.—Allegation of Aggregate Amount of Debt—Items of Account Need not be Alleged.—In such an action, a complaint which alleges an aggregate amount due for labor done and materials furnished for the construction of the vessel, is not demurrable for uncertainty, ambiguity or unintelligibility, in failing to specify what part thereof is for labor and what part is for materials. Section 454 of the Code of Civil Procedure, providing that the items of an account need not be set forth in a pleading, but must be furnished to the adverse party, if demanded, is applicable to such a demand.

Id.—Denial on Information and Belief—Sufficiency in Form— Verified Complaint.—As to matters not presumably within the knowledge of a defendant, an answer that the “defendant has no information or belief sufficient to enable 'him to answer the allegations of said complaint, and basing his denial upon that ground, he denies each and several the allegations thereof,” is sufficient, and a specific denial of each of the allegations as to such matters is not .essential, notwithstanding the complaint is verified.

Id.—Denial of Assignment—Knowledge of Assignment not Presumed—Judgment on Pleadings.—In an action by an assignee of a claim, the fact of the alleged assignment is not a matter presumably within the knowledge of the defendant, and may be denied by him on information and belief. If so denied, the plaintiff: is not entitled to judgment without proof of the fact of the assignment, and a judgment on the pleading is not warranted.

Id.—Personal Judgment against Owner of Vessel—Supplemental Answer Setting up Bankruptcy Discharge—Refusal of Leave to File Answer Abuse of Discretion.—In an action to enforce a lien against a vessel for labor and materials furnished in its construction, and for a personal judgment against the owner, in which the court rendered such personal judgment in addition to a judg.ment enforcing the lien, it was prejudicial error and an abuse of discretion for the trial court to refuse the defendant leave to file a supplemental answer setting up a bankruptcy discharge obtained subsequent to the commencement of the action, as a bar to any personal judgment, where proper application is made therefor within a reasonable time after obtaining such discharge.

Id.—Appeal—Truth of Facts Set up in Answer Mot Assumed.—On an appeal from such judgment, the appellate court cannot assume that the allegations of the defendant’s proposed supplemental answer, setting up such discharge, are true. While he should have been allowed to set up such defense, its truth is for the determination of the trial court.