Malone
Malone v. Big Flat Gravel Mining Co.
Opinion
Lead Opinion
Belcher, J.
The plaintiff commenced this action to foreclose twenty-six laborers’ liens upon certain placer-mining property situate in Del Norte County, and owned by the Big Flat Gravel Mining Company. He alleged that he was the assignee of the claims, and prayed judgment for the sum of $6,644.94, the aggregate amount thereof, and $52 paid out for recording the liens, and $600 for attorneys’ fees, besides costs; and that the same be adjudged a lien upon the lands and premises described. A demurrer to the complaint was interposed and overruled, and an answer was then filed. After trial, the court gave judgment in favor of the plaintiff; from that judgment an appeal was taken to this court, *386 and on June 16, 1888, the judgment was reversed and the cause remanded, with directions to the court below to sustain the demurrer, giving leave to the plaintiff to amend his complaint. (Malone v. Big Flat Gravel M. Co., 76 Cal. 578 .)
On December 17, 1888, the plaintiff filed an amended complaint, in which, after setting up the several causes of action, he prayed judgment “for the sum of $6*645.94, the amount due on said liens, and the further sum of $52, the amount paid for the recording of all said…