(DOWNLOAD) "Wilson V. Walters" by Supreme Court Of California In Bank # Book PDF Kindle ePub Free
eBook details
- Title: Wilson V. Walters
- Author : Supreme Court Of California In Bank
- Release Date : January 02, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
CARTER, J. Plaintiff, as a judgment creditor of defendant, complied with the provisions of section 710 of the Code of Civil Procedure, authorizing a garnishment or levy of execution against the salary of a public officer or employee. Defendant is a judge of the municipal court in the city of Los Angeles and there was payable to him the salary of that office. Pursuant to said section 710 the documents necessary to garnish that salary were filed with the County Auditor of Los Angeles County, who thereafter paid the same into the Superior Court for Los Angeles County to be by it disbursed according to law. On May 31, 1940, defendant filed a notice of motion for an order releasing the money so held by the superior court, which motion was based upon three grounds, namely, that defendant's salary as a municipal court judge was not subject to garnishment; that defendant had been discharged in bankruptcy; and that the salary was exempt from execution under section 690.11 of the Code of Civil Procedure because it was earned within the period of thirty days next preceding the filing of the abstract of judgment with the county auditor. The court made its order granting the motion, stating therein: ". . . defendant's discharge in bankruptcy does not release the claim of plaintiff's judgment herein. The motion of defendant to release