Gibbs

Action to recover damages from the owner of a building for failure to compty with section 1203 of the Code of Civil Procedure relating to liens of mechanics and others. Plaintiff had judgment, from which defendants appeal on the judgment-roll, including a short bill of exceptions.

1. Appellants challenge the constitutionality of the above section of the code. The question has been recently decided here adversely to appellants’ contention: Carpenter v. Furrey, 128 Cal. 665 , 61 Pac. 369 .

2. Appellants contend that a sufficient bond was filed. A bond did in fact accompany the contract, and was filed with it. This bond was signed by the contractor, Parsons, and by two sureties, but it was given to the owner of the property being improved, “Mrs. Mary A. Tally, legal representatives or assigns,” and was “not by its terms made to inure to the benefit of any and all persons who perform labor or furnish materials to the contractor, or any person acting for him or by his authority,” as the statute requires. The bond was not such a one as the law prescribes, and was not available to anyone except the owner, to whom it was given, and the *623 result, so far as any laborer or materialman…