Graham

Plaintiff alleges in his complaint that defendant is the owner of “that certain gasoline motor boat named ‘The Bird,’ ” and that “between the 12th day of May .and the 21st day of September, 1914, at the special instance and request of defendant, H. 0. Annis, plaintiff performed certain labor in making certain repairs to the machinery of said motor boat, ‘ The Bird, ’ and to a small gasoline motor, the property of defendant, and provided certain materials which were used in the making of said repairs.” It is also alleged that “said labor and materials were of the reasonable value of $320.50” and that the whole thereof is due and unpaid. The complaint was filed on September 25, 1914, and on the same day plaintiff filed with the clerk an affidavit and undertaking in attachment and on that day there was issued out of the court a writ of attachment “in the form prescribed by section 540 of the Code of Civil Procedure and not in the form prescribed by section 819 of said code.” A general demurrer to the complaint was overruled and defendant served and filed his answer on November 5, 1914, admitted ownership of said motor boat and that labor and materials were furnished as alleged in the…