Kimball v. Ledford

PULLEN, P. J.

Blanche Tharp is a teacher in the public schools of this state. J. H. Ledford holds an unsatisfied judgment against her. Shortly after obtaining this judgment Blanche Tharp executed an assignment of her teacher’s salary earned, and to be earned in the future, to certain designated firms and individuals to whom she was indebted, for the necessities of life. Thereafter Ledford filed with the proper officers a duly authenticated abstract of judgment together with an affidavit setting forth the exact amount then due as required by section 710 of the Code of Civil Procedure.

Plaintiffs are the officers of the school district whose duty it is to draw the salary warrant of Blanche Tharp, and claims having been made upon them both by the judgment creditor and by the assignees, have brought this action in interpleader asking that they be permitted to pay the amount due into court and that the court determine to whom the money shall be awarded. The order for interpleader was made, and after a trial upon the issues, the trial court held the assignments made by Blanche Tharp were valid, and gave judgment in favor of the various assignees and against the judgment creditor.

This appeal presents the sole question of whether a teacher employed in the public schools may, under section 955 of the Civil Code, assign salary to be earned in the future. This section provides for the assignment of wages or salary and permits such assignments of future earnings if for necessities of life.

[604]

It was early held in-California, however, in

Bangs

v.

Dunn,

66 Cal. 72 [4 Pac. 963], that the assignment of a salary by a public officer before it became due, was contrary to public policy and void. This rule has been adopted and followed in a number of subsequent cases, as

Wilkes

v.

Sievers,

8 Cal. App. 659 [97 Pac. 677];