Greenbaum

Action against defendant Martinez as constable, and the sureties on his official bond, to recover, as damages, the sum of $262.84, the value of 160 sacks of wheat, alleged to have been wrongfully taken and converted by Martinez, as constable, under a writ of attachment issued in an action prosecuted in a court of a justice of the peace, and, also, the further sum of $100, alleged to have been expended for an attorney’s fee in the pursuit of the wheat. Trial was had before the court without a jury, and resulted in certain findings, — among others, that the wheat was taken as alleged, and was of the value of $256.08, and that plaintiff had not properly expended the sum demanded by him for an attorney’s fee. Judgment was entered in accordance with the findings. Defendants appeal from the judgment, and from an order denying their motion for a new trial. There is no brief for the respondent on file.

The first error appellants assign is, that the court erred in overruling their demurrer to the complaint, in which they attacked the jurisdiction of the court over the subject-matter of the action, on the ground that the value of the property sought to be recovered was below the…