Amweg

It has been stipulated that one transcript be used in the appeals from the judgment in these consolidated actions.

The appellants, except R. Bradley and Bradley Company (appellants in the appeal numbered Sac. 2470), are material-men or laborers who commenced separate actions for the foreclosure of mechanics’ liens upon certain real property in the city of Porterville, Tulare County. Bradley Company is the owner of the property on which is the building for the construction of which the liens were asserted. Defendant, P. J. Amweg (doing business as F. J. Amweg Company) was the contractor who undertook the erection of said building, and the National Surety Company executed the bond in behalf of the contractor under the provisions of section 1183 of the Code of Civil Procedure.

In the five actions consolidated for trial a personal judgment was rendered against the contractor (who did not defend) for the full amounts of the asserted indebtedness, and liens for these sums were declared upon the real property upon which the building was erected. It was also adjudged that the owner, materialmen, and laborers could recover nothing from the National Surety Company. We will first consider…