Reynolds v. Reynolds

MUNDO, J.,

pro tem.

This is an appeal by the plaintiff wife in a divorce action, wherein the respondent was joined as claiming part of the community property.

James Reynolds, a married man, was appointed referee in a condemnation suit. His fee for such services was allowed in the sum of $1560. Upon an action for divorce being filed by his wife, and before he had completed his work as referee, Reynolds assigned his fee to the respondent Lottie V. Weathers for $400 cash and the cancellation of a note for $100. His wife did not consent to the assignment. As between Reynolds and his wife the court awarded the community property to the wife; but as between the wife and the respondent Weathers it found that the fee of $1560 was community personal propert3r which might be transferred by Reynolds without the consent of his wife, and that it had been so transferred to Lottie Y. Weathers for a valuable consideration.

Upon this appeal taken by Mrs. Reynolds it is contended that the assignment of the fee was invalid under section 955 of the Civil Code, and also for the reason that the unearned salary of a public officer cannot be assigned.

The section referred to in part provides: “No assignment of . . . wages or salary made by a married person shall be valid unless the written consent of the husband or wife of the person making such assignment ... is attached to such . . . assignment. No assignment of . . . wages or salary shall be valid unless at the time of the making thereof, such wages or salary have been earned. ...”

[483]

The trial court proceeded upon the theory that the “fee” of a referee in a condemnation proceeding is not “wages” or “salary” within the meaning of this section of the Civil Code. Such a construction, we believe, would be repugnant to legislative intention. The fee of a lawyer or a doctor is compensation; it is remuneration for services rendered in the line of their respective professions. The fee awarded to Reynolds was compensation for his services as referee; it was money earned by him for services rendered. “A fee is a reward or compensation for services, rendered or to be rendered ; a payment in money for official or professional services, whether the amount be optional or fixed by custom or law. ’ ’ (3 Words and Phrases, First Series, p. 2712;