mM2r0N v. muoxmm cnur. 00.  
set forth in the amended bill, could have prosecuted an action in this
court, upon any of those liens, "if no assignment had been made."
But such fact must appear, or the court has not jurisdiction. Sec-
tion 11 of the judiciary act of 17 89 does not materially differ, upon
the point here involved, from the act of 1875, supra, and the rulings
of the supreme court upon section 11 of the act of 1789 are applica- ~
ble in this case. Brown v. Keene, 8 Pet. 112; Jackson v. Ashton, Id.
148; Montalet v. Mwrray, 4 Cranch, 46; Corbin v. County of Black
Hawk, 105 U. S. 659; Sore v. P-itat, 6 Cranch, 332; Bradley v.
Rhine}: Admfrs, 8 Wall. 393; Mollan v. Torrance, 9 Wheat. 537;
Morgan':; Ex`r v. Gray, 19 Wall. 81. We think there i_s no condict,
upon the point here involved, in the rulings of any of the national
courts.
It was suggested, upon argument, that the citizenship of these nine V
original lienholders was immaterial, since complainant owned all of
the 122 liens, and hence none of the other lien claimants could be
prejudiced; and, further, that the amount claimed by them is em-
braced in the lien filed by Linn Chung & C0.,-as original contractors,
for $50,000, and is also embraced in the lien Bled by Ah Wan, as a
subcontractor, for the same amount. The merit of the suggestion is
not clear; but were it so, it could scarcely prevail against the posi-
tive provision of the statute. While the national courts may be in-
voked, in proper cases, to give effect to and enforce statutory liens
and remedies provided by a state, yet in such proceedings they are
guided by the state statute, and follow, as nearly as possible, the
course indicated therein. Should the court proceed to examine this
case upon the merits, it would be as necessary for it to investigate
and determine how much, if anything, was due upon each of these
nine liens, as it would to investigate and determine how much might
be due upon any or all of the other 113 liens. The liens cannot be
singled out, or segregated, and some of them considered and others
not considered. Some of the liens might be valid under the state `
statute, and others be fatally defective, for non-compliance with the ,
statute in perfecting them. It might appear that the lien of Linn
Chung & Co., and that of Ah Wan, for $50,000 each, were defective
and could not'be enforced, and that all of the other liens were valid
and binding upon the defendant, and complainant entitled to jung-
ment thereon. The liens must each be examined, and their valid-
ity under the statute determined, as well as the amount due, and
the rank of each declared. St. Nev. 1875, c. 64, § 11. And this is
evidently the theory on which the bill of complaint was framed. If
it was immaterial to complainant whether or not these nine liens be
adjudicated upon, why were they set forth in the bill, and judgment
invoked upon them as well as upon the other 113 liens, and why
did complainant purchase them if not beneficial to him in some
way? And, if beneficial, he is entitled to such benefit.
It is further insisted by complainant "that the liens in this case