Davis

Appeal from judgment entered against plaintiff upon failure to amend his complaint after demurrer sustained.

The complaint is at least unique. It is an attempt to set forth a cause of action to foreclose a laborer’s lien, for labor performed in cleaning windows, the value of which is alleged to be $35, and for time lost of the value of $24.50, in attempting to collect plaintiff’s claim of $35 against defendant. Plaintiff also asks for attorneys’ fees and expenses of filing claim of lien, so that the total amount for which he asks judgment exclusive of costs is $136.15.

The demurrer was upon the grounds that the court had no jurisdiction of the subject of the action, misjoinder of causes of action, and that the complaint stated no cause of action.

The court sustained the demurrer upon the grounds of want of jurisdiction and misjoinder of causes of action.

The amount sued for is below the amount required to vest the superior court with jurisdiction by reason of the amount sued for (Code Civ. Proc., see. 76), so that unless the complaint states a cause of action to foreclose a lien under the mechanic’s lien law, the court was without jurisdiction of the cause.

The right to a…