Rosenberg

Actions to enforce six several mechanics’ liens were consolidated. The property against which the liens were sought was owned by appellants Rosenberg and Calkins. The National Surety Company was sued upon a contractor’s bond given by the Chaffey Concrete Construction Company, under the provisions of section 1183 of the Code of Civil Procedure, to protect Rosenberg and Calkins against liens for labor or materials. One of the lien claimants was nonsuited and is not a party to this appeal. The others were given judgments against the property owners and a personal judgment against the surety upon the contractor’s bond. After the appeal was perfected and the bill of exceptions was settled, but before the transcript was printed, a new trial was granted as to the entire claim of the Chas. R. McCormick Lumber Company, as to the claim of Hazard, Gould & Company, as to that of the California Portland Cement Company, and as to the judgment in favor of Hazard, Gould & Company rendered against appellant National Surety Company. The motion was denied as to all other claimants. From the judgment and from the order denying the motion for a new trial Rosenberg and Calkins and the National Surety…