Maxwell

This is an action to foreclose certain mechanics’ liens. Defendant Gregory is the owner of the buildings involved, and defendant Maxwell was the original contractor. Both defendants suffered default. The liens sued on grew out of labor and materials done for and furnished to the contractor Maxwell. By the judgment it was decreed that the land, buildings, etc., of Gregory be sold and the proceeds appropriated to the payment of the amounts found due upon the liens, and that if such proceeds should not be sufficient to’pay all the liens “the deficiency thereof shall be docketed as a personal judgment against said defendant Thomas Maxwell.” The defendant Gregory appeals from the judgment, and also from an order denying her motion to set aside her default made upon the grounds of sur *68 prise, excusable neglect, etc. The notice of appeal was not directed to, nor served upon, the codefendant Maxwell, and for that reason respondents move to dismiss the appeal.

The court did not abuse its discretion in refusing to set aside the default; and while we have looked through the transcript and briefs, and see no reason why the judgment should, under any view, be reversed, it is not necessary…