Donohoe v. Trinity Consolidated Gold & Silver Mining Co.

Appeal from the judgment and from the order denying a new trial.

Plaintiff's action was to foreclose a lien for the value of labor performed upon the mining claim of the Trinity Mining Company. The bank was made defendant as claiming some interest in the**property, which interest, it was averred and not denied, was subordinate to plaintiff's lien. The mining company suffered default. The bank answered, admitting all of plaintiff's allegations, saving that it denied plaintiff’s employment, his labor, its value, and nonpayment.

The labor, its value, and nonpayment were proved, and no question…