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 of the complaint is the sole test." (Hanigan v. Ervin, 110 Cal. 37, [42 P. 457].) This court has appellate jurisdiction in such cases at law only where "the demand exclusive of interest, or the value of…