Welton

The action is to enforce an alleged lien on certain buildings for the value of materials, one hundred and eighty-six dollars and seventy-four cents, furnished by plaintiff to be used, and which were used, in the construction of said buildings.

The plaintiff had judgment by default, all the defendants having failed to appear. The defendants, H. J. and M. C. Sadler, have appealed from the judgment on the judgment-roll.

*3 A reversal of the judgment is asked by appellant on the ground that no cause of action is stated in the complaint. The alleged defect in the complaint is that it does not show that plaintiff’s claim of lien was filed for record within the time prescribed by section 1187 of the Code of Civil Procedure as amended March 15, 1887, which requires a furnisher of materials to file his claim of lien within thirty days after completion of the building, etc.; and that “cessation from labor for thirty days upon any unfinished contract or upon any unfinished building .... shall be deemed equivalent to a completion thereof.”

It is alleged in the complaint, which was filed June 22, 1894: “ That said buildings are in an unfinished condition; that work ceased thereon on or…