Mulcahy

This is an appeal from a judgment enforcing a mechanic’s lien for the value of labor performed, and materials furnished in repairing and altering certain buildings and structures on two lots of the defendant situate in the city and county of San Francisco; and comes here on the judgment-roll without any bill of exceptions.

The cause was tried by the court without a jury; and the only points made by appellant are that the court erred in that it failed to find on certain alleged issues.

1. In paragraph VIII of the complaint it is alleged in due form that plaintiff filed and recorded his claim of lien in the recorder’s office in the city and county of San Francisco, “in the words and figures following”:

[Here follows a copy.]

The only answer to this paragraph of the complaint is that defendant “has no information or belief upon the subject sufficient to enable him to answer the allegations or any allegation contained in paragraph VIII of said complaint, and, placing his denial upon that ground, he denies each and ever allegation in said paragraph contained.”

The court disregarded this part of the answer, holding that all the material allegations of the eighth paragraph of the…