Mutual Building & Loan Ass'n v. Corum

BRAY, J.,

pro tem.

This is an appeal by Augusta Corum, one of the defendants, from an order requiring her to satisfy of record a judgment for costs on appeal.

In this case, on March 1, 1934, the judgment was reversed by the Supreme Court and costs of appeal awarded the appellant Augusta Corum (220 Cal. 282 [30 Pac. (2d) 509].) Upon the return to the superior court of the

remittítiur

and after proper proceedings and on June 6, 1934, the costs were taxed at the sum of $476.30. In another action, No. 119870 in the Superior Court, Alameda County, San Jose Pacific Building & Loan Association was at that time and continued to be a judgment creditor of appellant in the sum of $93,452.45, and on March 6, 1934, caused the sheriff of Alameda County to garnishee the respondent by serving a writ of execution on it. This writ on April 4, 1934, was returned wholly unsatisfied. This levy was made and returned between the judgment of the Supreme Court and the taxing of costs. On June 16, 1934, after the taxing of costs, the said San Jose Building & Loan Association caused the sheriff of Los Angeles County to garnishee the respond

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ent by serving upon it a new writ of execution issued June 11, 1934. Respondent thereupon and upon June 16, 1934, paid to said sheriff the sum of $476.30, the amount of appellant’s judgment for costs herein, and received his receipt therefor. Thereafter the sheriff filed his return acknowledging receipt of the net amount thereof, partially satisfying the judgment. On June 25, 1934, and after the payment as aforesaid to the sheriff, appellant served upon respondent a notice claiming that appellant had on March 2, 1934, assigned her interest in the judgment for costs to one A. 0. Mahoney. The garnishee, respondent herein, pursuant to section 675 of the Code of Civil Procedure, moved the superior court to satisfy appellant’s judgment for costs by reason • of the aforesaid payment to the sheriff. This motion was granted, and from the order granting the motion appellant appeals.

Appellant claims first, that there can be no valid or legally effective garnishment after assignment has been made by the owner of the debt, even though the debtor had no notice or knowledge of such assignment.