Hawley

This is an appeal from an order denying the defendant’s motion for a new trial. "The action is to enforce an alleged lien upon a mining claim belonging to the defendant, for services as a watchman, alleged to have been performed by the plaintiff for the defendant, amounting to the sum of six hundred and thirty-seven dollars.

The defendant attempts to raise the point that a person engaged as a watchman of a mine is not performing “labor in any mining claim” so as to be entitled to a lien under section 1183 of the Code of Civil Procedure, although the work of mining therein or development thereof may be in progress. This question cannot be raised upon this appeal. It depends upon the conclusions of law to be deduced from the facts found by the court, or upon the sufficiency of the facts stated in the complaint to constitute a cause of action; neither of which points can be considered upon an appeal from an order denying a motion for a new trial. The only questions which can be here considered are those arising upon the specifications of insufficiency of evidence and of errors of law contained in the bill of exceptions. None of these specifications involve this particular…