Reese

This action was brought to recover an amount claimed as wages for labor performed in mines in the lands of appellant corporation, and to have the said amount declared to be a lien upon the mining lands described in the complaint. Findings were filed, and judgment ordered for plaintiffs. This appeal is from the judgment, upon the judgment roll and a bill of exceptions. The complaint alleges that the labor performed was that of miners in and upon the mines of the corporation, and that the contracts for said labor were made with defendant Pugh. There is no dispute as to the facts, that the labor was performed, that the contracts were made with Pugh, that the labor was that of mining in the lands described in the complaint, and that the corporation is the owner, in fee, of such mines.

It is provided in section 1183 of the Code of Civil Procedure that “ any person who performs labor in any mining claim or claims has a lien upon the same, and the works owned and used by the owners for reducing the ores from such mining claim or claims, for the work or labor done, or materials furnished by each respectively, whether done or furnished at the instance of the owner of the building or other…