Martin v. Going

JAMES, J.

The appeal in this case was taken from a judgment for the sum of $485.30 entered against appellant.

Plaintiff alleged in his complaint that he had acquired by assignment three claims for farm labor performed by individuals upon the ranch of appellant. He alleged that one Martin performed labor from July 11 to August 5, 1920, at the reasonable value of $81.40; that one Clark performed labor from July 4 to August 5, 1920-, at the value of $68, and one Long performed labor from the 31st of May to August 5, 1920, at the reasonable value of $115.40. These claims totaled the sum of $264.80. The difference between this amount and the amount for which judgment was awarded is made up of sums which the court assessed as penalties because of the failure of appellant to pay the wages on demand. Preliminarily it is worth while to state that upon the face of the record a fair inference is indicated that the plaintiff here acquired these claims for the purpose of making collection of them. The transaction in that light would be a perfectly legitimate and legal one, but it is somewhat remarkable that as these claims in their several original amounts and including any penalty that might be imposed were each within the jurisdiction of the justice’s court, they were lumped together so that the alleged assignee’s demand brought the amount within the jurisdiction of the superior court. Instead of trying the actions in the justice’s court, where a speedy trial could be had, and a prompt disposition of the matters be made in the superior court in the event of an appeal thereto, the claimants have chosen to put the controversy in a position where it has necessarily been attended by largely increased expenses for printing and other costs, and added delay before final determination is reached. However, the

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controversy has been brought here and the questions presented will be fully considered.

Among other contentions made appellant insists that no right is shown in the plaintiff to recover because no valid assignment was proved to have been executed by the three original claimants. In this connection section 955 of the Civil Code is cited, which expressly provides that “no assignment of, or order for wages or salary shall be valid unless made in writing by the person by whom the said wages or salary are earned. ...” The defendant in his answer specifically denied the allegations made in the complaint as to the assignments, and the effect of such denial was to place the burden upon the plaintiff to show, by legal evidence, assignments made in accordance with the requirements of the code provision. That such a denial in the answer was sufficient to put in issue the sufficiency of the assignments is established by the cases of