Rapp

dissents from the judgment on the ground that under the statute of Alaska the plaintiff in the replevin action has the right to review by writ of error the judgment there given, as it wholly failed to determine the issues made by the pleadings in the case, for which reason, as also for the reason that the money judgment there given in favor of the defendant is outside of the issues made in the case in which it was rendered, and therefore outside of the matters in controversy there, the amount of that judgment should not be regarded as a test of the right of the plaintiff to have the same reviewed.

(after stating the facts as above).

The appellees move to dismiss the appeal on the ground that this court has no jurisdiction to entertain the appeal in this case, for the reason that the amount involved or the value of the subject-matter does not exceed the sum of $500. Section 504 of the Alaska Code of Civil Procedure provides as follows: “Appeals and writs of error may be taken' and prosecuted from the final judgments of the District Court for the District of Alaska or any division thereof direct to the Supreme Court of the United States in the following cases: * * * and that in all other cases where the amount involved or the value of the subject-matter exceeds five hundred dollars the United States Circuit Court of Appeals for the Ninth Circuit shall have jurisdiction to review by writ of error or appeal the final judgments, orders, of the District Court.”

Section 507 of the same Code provides as follows: “An appeal may be taken to the Circuit Court of Appeals from any interlocutory order granting or dissolving an injunction, refusing to grant or dissolve an injunction, made or rendered in any cause pending before the District Court within sixty days after the entry of…