Water Supply Co. v. Sarnow

Interpleader-—Judgment Against Plaintiff—Garnishment Levied Under Execution Against Judgment Creditor.—In an action by the plaintiff to compel the defendants to interplead concerning moneys deposited in court under section 386 of the Code of Civil Procedure, where it appears that defendant-appellant had a judgment against plaintiff, and that defendant-respondent had levied an execution upon a prior judgment against defendant-appellant, garnisheeing all moneys due from plaintiff to defendant-appellant, judgment was properly rendered in favor of defendant-respondent against defendant-appellant for the payment of the judgment against him out of the money in court.

Id.—Execution After Lapse of Five Years—Affidavits Without Notice.—An execution was properly issued on the prior judgment in favor of defendant-respondent, against defendant-appellant, upon affidavits, without notice, under section 685 of the Code of Civil Procedure.

Id.—Second Levy—Prior Levy not Waived.—The issuance and levy of a second execution on the moneys due from plaintiff to defendant-appellant did not waive the rights acquired by the first levy, which was complete and regular.

Id.—Loss of Attachment and Judgment Lien.—An attachment lien on property of the defendant-appellant was merged in the judgment docketed against him, and both liens were wholly lost by the lapse of five years from the date of the judgment. The loss of such liens did not preclude the issuance of execution after the lapse of five years upon a showing by affidavits.