Howe

This action was brought in the superior court of Sacramento county upon a promissory note dated April 4, 1894, for the sum of $200, payable one month after date, “with interest thereon from date until paid at the rate of five per cent per month, payable monthly, and, if not so paid, the interest may be added to the principal, and bear libe interest, and the whole note may, at the option of the holder, without notice to the maker thereof, be treated as due and collectible.....Both principal and interest to be paid at,” etc. The court dismissed the action without prejudice, upon the ground that it had no jurisdiction, and the plaintiff appeals from the judgment of dismissal.

In this case the complaint set out a copy of the note, alleged that no part of the principal or interest had been paid, that at the time the original complaint was filed there was due “the sum of $415.67 principal, and interest thereon from July 4, 1895,” etc.; and the prayer for judgment was for said sum of $415.67, and interest from July 4, 1895. Appellant contends that the ad damnum clause of the complaint determines the jurisdiction. That is undoubtedly the rule in proper cases, but it would certainly not…