Bennett

This action was brought by the assignee of various parties who furnished materials used in the construction and equipment of the steam vessel Santa Ana against the owner of said vessel, to have the amount due therefor determined and adjudged a lien upon the vessel, and to have the vessel sold in satisfaction thereof.

Plaintiff had judgment, and defendant duly made a motion for a new trial, which motion was granted by the trial court. This appeal was taken by plaintiff from the order granting defendant’s motion for a new trial.

All of the materials for which it is here sought to enforce a lien were furnished by mercantile firms and corporations doing business in the city and county of San Francisco, state of California, to the firm of IT. R. Reed & Son, shipbuilders at Coos Bay, in the state of Oregon, to be used by them in the construction of “a vessel” then building at Coos Bay, Oregon. Said Reed & Son had entered into a contract with defendant, a resident of San Francisco, California, to construct for him the hull of a vessel at said Coos Bay, for the sum of $25,280, and to deliver the same to him at the place of building, free from all liens. In pursuance of such contract,…