Kautz

This is an action in interpleader. The appellant is the defendant R. H. McCray Company, and the respondent is A. L. Dechene. The city, by resolution approved November 6, 1914, employed the contracting firm of Kautz & Gabler to excavate earth and rock for the purpose of making a roadway in Elysian Park, a public park of the city. Appellant R. H. McCray Company rented to Kautz & Gabler a steam shovel, which was used by the latter on the roadway. There being due from the city to Kautz & Gabler the sum of $310.20 and there being due from Kautz & Gabler to the McCray Company the sum of two hundred dollars rental, the McCray Company served oh the city a notice in writing that its rental for the use of the steam shovel had not been paid. This was attempted tó be done pursuant to section 1184 of the Code of Civil Procedure, in order to estab-' lish an equitable lien on the fund. The city paid the money into court and the question at issue was whether the money belonged to Dechenc or to the McCray Company. Dechene claims as assignee of Kautz & G-abler.

The principal question here turns upon the construction to be given to sections 1183 and 1184 of the Code of Civil Procedure. Appellant’s…