Tibbet

This appeal is taken from an order refusing to discharge a writ of attachment. The motion to discharge the writ was based upon three grounds: 1. The amount of plaintiffs demand is not stated in the affidavit for attachment; 2. The writ of attachment does not state the amount of plaintiff’s demand in conformity with the complaint; 3. The undertaking on attachment does not show that the sureties are freeholders or householders.

1. The affidavit for the writ of attachment states that the “defendants in said action are indebted to the plaintiff in the sum of five hundred dollars and interest and attorney’s fees, money of the United States.” The affidavit directly alleges the specific indebtedness of five hundred dollars, and to that extent at least will sustain the writ of attachment.

2. It is claimed that the amount stated in the writ of attach- *208 meat must be the same as the amount of the demand set out in the complaint. The writ of attachment should not be issued for an amount in excess of the demand set forth in the complaint. But it may be for an amount less than the demand set forth in that pleading. (De Leonis v. Etchepare, 120 Cal. 407 .)

3. The undertaking on attachment…