Mechanics’ Liens—Constitutional Law—Preference of Laborers and Materialmen Over Subcontractors.—Section 1194 of the Code of Civil Procedure, as it existed- prior to the amendments of 1911 to the mechanics’ lien law, in so far as it gave a preference to laborers and materialmen over subcontractors in participation in the amount applicable to liens, was not unconstitutional.

Id.—Subcontractor Defined—Furnishing Material for and Erecting Part of Building.—The meaning of the term “subcontractor,” as used in the -then existing mechanic’s lien law, must he determined by reference to the classification of liens then made by section 1194 of the Code of Civil Procedure, and embraces all persons who agree with the original contractor to furnish the material and construct for him on the premises some part of the structure which the original contractor has agreed to erect for the owner.

Id.—'Comparative Cost of Labor and Materials.—Something more than a mere comparison of the cost of the labor of attaching materials to the building with the total price of the work and materials is necessary in many cases to determine whether a claimant is a subcontractor or a materialman. Generally speaking, one who, under an agreement with the contractor, enters upon the premises, and there, with materials furnished by himself, erects a definite part of the structure composing the building, is a subcontractor, within the meaning of the section, regardless of the comparative cost of labor and materials.

Id.—Various Persons Deemed Subcontractors.—All those persons are to be deemed subcontractors who respectively agree with the contractor for the erection of a building to do the lathing and plastering and to furnish the material therefor; or to furnish the material and construct in the building, a considerable part of the floors and walls thereof; or to furnish the necessary tile and erect a part of the walls of the bathrooms; or to furnish the material and put on the building a tile roof; or to furnish and lay the flooring in -certain rooms; or to furnish the materials and erect in the building the tin, galvanized iron, and copper work required by the plans and specifications.

Id.—Erection of Fireplaces—Finding that Person is Subcontractor—Appeal.—A finding that a person who agreed with the contractor to build certain fireplaces in the building, using brick and tile, was a subcontractor, will not be disturbed on appeal, where there is nothing in the record to show that such fireplaces did not constitute a substantial part of the building, or of making a comparison of the cost of the labor with the total cost of the fireplaces.

Id.—Tending as to Laborers and Materialmen.—A finding that certain lien claimants were materialmen and laborers, which is sustained by their respective claims of lien, will not be disturbed on appeal, when there is no evidence to the contrary in the record.