Carter v. Green Mountain Gold Mining Co.

Belcher, C. C. The facts out of which the controversy in this case arises are as follows:—

[223]The defendant was a corporation engaged in quartz-mining at Orescent. Mills, in Plumas County. On the 30th of September, 1887, the plaintiffs commenced an action against the defendant to recover a debt due for goods, wares, and merchandise sold and delivered, and at the same time took out a writ of attachment, which on the next day was levied by the sheriff on all of defendant’s personal property. Such proceedings were afterward had in the action that on the 24th of October, 1887, judgment for more than three thousand three hundred dollars was entered therein in favor of the plaintiffs, no part of which had been paid. The personal property so attached was, on the 17th of December, 1887, sold by the sheriff under execution for the sum of $991.48, over and above all his ’costs, and this sum was thereafter duly paid into court on his petition, showing that conflicting claims -were made upon him for the money.

The appellants — fifty-one in number-—-were miners, and during the sixty days next preceding the levy of the attachment were employed by the defendant as laborers in and about said mine. Their claims for the labor so performed amounted in the aggregate to $3,488.18, no one of them, however, being for more than $100. Before the sale,-—-that is, on the 21st of October, — each one of the appellants made out and duly verified his claim as required by law, and the same was certified to be correct by the superintendent of defendant. Three days later, copies of these claims, with notice attached that the claimant demanded that the amount thereof be paid to him out of the proceeds of the sale of any property of the defendant as a preferred claim, under sections 1206 and 1207 of the Code of Civil Procedure, were delivered to the sheriff and to the attorney of the plaintiffs in the action; and on the same day like copies of a portion of the claims and notice were served on the defendant by delivery thereof to its superintendent and managing agent. All of the claims, as originally sub[224]scribed and sworn to, with the notice and proof of service attached, were then filed by the clerk with the papers in the said action.