Gow v. Marshall

Belcher, C. This is an action by an attaching creditor against a garnishee, based on section 720 of the Code of Civil Procedure.

It is alleged in the complaint that on the thirteenth day of March, 1888, the plaintiff, N. W. Gow, commenced an action against H. B. Marshall to recover the sum of $1,686.78 for work and labor performed and money paid; that a summons was duly issued and served on the defendant; that a writ of attachment was also duly issued and delivered to the sheriff of the county, [566]and the plaintiff then gave to the sheriff information in writing that the Centinela-Inglewood Land Company, a corporation, “ had in its possession or under its control certain credits belonging to the defendant ”; that the sheriff served the writ upon the said corporation by delivering to its president a copy tlfereof, “ together with a notice that said credits were attached under and in pursuance of said writ,” and that no reply to the notice was made; that thereafter such proceedings were had in the action that on the 29th of March, 1888, judgment “ was duly rendered and entered ” therein, in favor of the plaintiff and against the defendant, for the sum prayed for and costs, making in all the sum of $1,705.53; that thereafter the corporation, by an order of the court, was required to, and did by its president, attend before the court to be examined, and the president was then and there examined respecting the property in its possession, and credits and other personal property belonging to the defendant; that upon such examination the president denied that anything was due from the company to the defendant, and thereupon the court made an order permitting the plaintiff to institute a suit against the corporation garnishee for the recovery of such interest or debt due the defendant Marshall, and in the mean time forbid a transfer or other disposition of such interest or debt until such action could be commenced and prosecuted.

It is then further alleged that the Centinela-Inglewood Land Company was, and still is, a corporation duly organized and doing business under the laws of this state, and that at the time the writ of attachment was served upon it it was, and still is, indebted to the defendant Marshall in the sum of $1,976.70; and that by virtue of-the proceedings in attachment the plaintiff had become subrogated to the rights of Marshall against the corporation to the extent of his said judgment.

Whereupon judgment was asked against the Centinela- - [567]