Takahashi

Defendant Kunishima was, during the year 1937, engaged in raising farm produce in Imperial County and appellant Manos claims to have been the assignee of Manos Brothers, to whom Kunishima in December of that year is said to have executed a promissory note for $4,000 and interest, secured by a crop mortgage on a tomato crop then growing on Kunishima’s premises in that county, which mortgage is stated to have been in that month duly recorded. On July 12, 1938, respondent Takahashi commenced the instant action in the Superior Court of Imperial County against Kunishima to obtain judgment on certain labor claims aggregating $1,053, one of which Takahashi asserted to have been originally his own, and the other two of which he alleged that he had acquired by assignment. Pending this action he took out a writ of attachment and caused notice of garnishment thereunder to be served on the Consolidated Produce Co., Ltd., hereinafter referred to as the “Produce Company”, a Los Angeles concern to which Kunishima had delivered the tomatoes. The Produce Company on July 15th made return in the words and figures following:

Thereupon Takahashi filed in the case a petition, apparently conceived to…