Thompson

In this action plaintiff brought suit in the superior court in claim and delivery to recover a piano. The piano is alleged in the complaint to be of the value of $500. Plaintiff also alleges damages in the sum of $100 expended in an effort to recover the piano, and prays for judgment for the possession of the piano or the sum of $500, the value thereof, in case a delivery thereof cannot be had, and for $100 as damages on account of costs incurred in the effort to recover the piano.

The court found the value of the piano to be $200, and gave judgment that plaintiff recover from defendant the piano, and in case recovery thereof cannot be had, that plaintiff recover from defendant the sum of $200, the value thereof.

Defendant subsequently moved the court, under sections 663 and 663a of the Code of Civil Procedure, to vacate and set aside said judgment, and to enter a judgment dismissing said action for want of jurisdiction of the superior court over said action.

The motion was denied, and the appeal is by defendant from this order.

The attack upon the jurisdiction of the court over the action is predicated solely upon the fact that the court found the value of the piano sued for…