Pete
Pete v. Norberg
Opinion
Opinion
Dooling, J.
Plaintiff appeals from a judgment for defendant in an action based on allegations charging abuse of process in the garnishment of his accrued wages owed to him by Ms employer. The action in which the attachments issued resulted in a judgment against appellant.
The gist of the present action is stated in paragraph VII of the Complaint: “That defendant, with full knowledge that plaintiff was entitled to have his wages exempted from attachment under Section 690.11 of the Code of Civil Procedure . . . and with knowledge that further attachments of his wages would result in his discharge by his employer, did . . . maliciously and wilfully and with the intent to vex, harass and injure plaintiff and to deprive him of his said wages and ... to cause said Bethlehem Steel Corporation to discharge plaintiff . . . and to cause and compel plaintiff in order to prevent his discharge to use said wages ...” to the satisfaction of his indebtedness to defendant cause and direct the garnishments to be levied upon his claims for wages.
The claim of abuse of process is two-fold: 1. that defendant caused the attachments to be levied knowing that plaintiff was entitled to an exemption under Code of…