Neal

This is a motion to dismiss an appeal, and the facts are as follows: Plaintiffs are material-men, and brought this action to foreclose certain liens for materials furnished defendant Neal. Judgment was recovered as prayed for in the complaint, and upon an appeal to this court, that judgment was affirmed in all respects, except as to an item of $43.50, and to that extent the trial court was directed to modify the judgment. Upon the filing of the remittitur in the lower *193 court, the judgment was modified in accordance with the directions therein, and the court also, by an order, allowed the attorneys for respondents a fee of one hundred dollars for services in defending the cause in this court, which amount was added to the judgment. It is from this order, and the judgment as modified, that defendant has now appealed, and the motion to dismiss such appeal is the matter under investigation, respondent insisting that in such case there is no appeal authorized by law. It seems quite clear that the court had the power to make an order allowing the successful party in this action a reasonable attorney’s fee for services rendered in this court. Section 1195 of the Code of Civil…