Stuart

This is an action to recover $2,795.18 upon contracts for labor, and for money advanced.

The defendants are mining copartners doing business under the firm name of the “ Alabama Bar Mining and Canal Company.”

Plaintiff performed labor for them at their mine, and a portion of the time acted in the capacity of superintendent. In this action he recovered a joint judgment for $2,311.16.

This is an appeal from the judgment and order denying defendants’ motion for a new trial.

Appellants insist that, as members of a mining partnership, they are only liable pro rata for the liabilities of the partnership according to their respective interests as part owners in the mine.

Ho authority directly bearing upon this question has been presented for our consideration by counsel upon either side.

In those states where mining partnerships are common, we find many cases where judgments have been rendered against all the defendants (mining copartners) for the full amount recovered, and no question raised as to their validity upon that ground, and such has been the practice in this state. (Jones v. Clark, 42 Cal. 181 ; Taylor v. Castle, 42 Cal. 367 ; Skillman v. Lachman, 23 Cal.198; 83 *370 Am.…