Wood

— This is an appeal by the defendant, the Oakland & Berkeley Rapid Transit Company, from the judgment rendered against it and an order denying it a new trial in three separate actions, consol *502 idated and tried as one, brought for the foreclosure of certain mechanics’ liens, for materials furnished and labor performed in the construction of a power-house for .said defendant.

1. It is claimed that the court below erred in overruling the demurrers of appellant to the several complaints, which were alike in the particulars objected to. The first ground of objection is, that there was a misjoinder of parties defendant in the making of J. S.Ecker, the original contractor, a party defendant. The complaints proceed upon the theory and allege that the contract between the defendant corporation, the owner of the property and the original contractor, was void because neither the contract nor a sufficient memorandum thereof was filed with the county recorder, and the argument of appellant is that, taking this allegation t® be true, there is in legal contemplation neither a contract nor an original contractor, and the laborer or materialman has the right under the statute to sue the owner…