Carlisle

The plaintiffs, five in number, united in this action to enforce their several alleged liens for labor done by them, respectively, upon certain mining ground at the instance of the defendants Carlisle and Boggs. Such liens are asserted in virtue of the -statute relating to liens of mechanics and others upon real property. (Code Civ. Proc., sec. 1183 et seq.) The demand of each plaintiff is set forth in a separate count of the complaint, and the sum claimed is in each instance less than ■ three hundred dollars, though the aggregate of the several claims is above eleven hundred dollars. After trial the court below made findings declaring, among other things, that "the liens of plaintiffs do not attach to said land,” but that there is due to the plaintiffs from the defendants Carlisle and Boggs personally the sum of six hundred and fifty-two dollars; judgment against said defendants was accordingly entered in favor of the plaintiffs jointly. Carlisle moved for a new trial, which was denied, and he has appealed from the order made in that behalf.

The statute pertaining to this subject provides that "any number of persons claiming liens may join in the same action, and when separate…