Fish

— Action to enforce a mechanic’s lien. The court sustained a general demurrer to the complaint, and plaintiff declining to amend, judgment passed for defendant.

Plaintiff appeals from the judgment on the judgment rojl, and contends that his complaint was sufficient.

The complaint shows that the defendant, Mary McCarthy, in her character of guardian of the persons and *485 estates of Mary, Joseph, and Patrick Powers, minors, employed the plaintiff to repair a certain building, the property of her wards; that plaintiff repaired the building and furnished all materials necessary for that purpose; that the materials and labor were reasonably worth $120; and that he regularly filed with the recorder his claim and notice of lien.

The wards are also made defendants, but the guardian is sued only in her official capacity. '

I think the following opinion of the learned judge of the trial court expresses the law of the case and should be adopted: “ This is an action to enforce a mechanic’s lien. The work performed, materials furnished, for the value of which the lien is sought to be enforced, was performed as per notice for the defendant, Mary McCarthy, guardian of the persons and…