Taylor v. Datig

This is an action at law on a promissory note to recover the sum of $1,000 as principal, $100 as attorney fees, which are provided for in the note, and interest. The complaint was filed June 6, 1928. At that time the municipal court in which it was brought had no jurisdiction of actions at law where the demand, exclusive of interest, exceeded $1,000. (Sec. 29, Municipal Court Act, Stats. 1925, *Supp 783p. 658.) The attorney’s fees in such a case are special damages and must be regarded as a part of plaintiff’s demand to determine the jurisdiction. (De Jarnett v. Marquez, 127 Cal. 558 [78 Am.…