Erving v. Napa Valley Brewing Co.

This is a direct appeal to this court from the judgment on the judgment-roll alone.

The complaint alleges that the property, for the recovery of which the action was brought, is of the value of $6,000, and demands judgment for that sum in case a delivery thereof cannot be had.

It is the settled rule in this state that “where jurisdiction depends on the amount in controversy, the ad damnum clause *368of the complaint is the sole test.” (Hanigan v. Ervin, 110 Cal. 37, [42 Pac. 457].)

This court has appellate jurisdiction in such cases at law only where “the demand exclusive of interest, or the value…