Walker
Walker v. Rich
Opinion
Lead Opinion
Hart, J.
The plaintiff on the seventh day of November, 1923, obtained a judgment against one D. B. Smith and his wife, in the justice’s court of Williams judicial township, in the county of Colusa, in the sum of $299.99, for money due plaintiff from the Smiths for groceries furnished the latter by the former. On June 19, 1924, an execution upon said judgment was duly issued and the same delivered to the constable of said judicial township for levy upon the property of defendants to satisfy said judgment, but said constable returned the execution unsatisfied. It appears from the findings that said D. B. Smith, from time to time during the times set out in the petition, was employed by the county of Colusa to work with his teams, wagons, and scrapers upon the county roads of said county, for which services and use of teams, wagons, etc., he was paid wages by said county, amounting, approximately, in the aggregate, so the complaint or petition alleges, to the sum of $150 per month, payable on or about the first day of each and every month.
Proceeding under and in pursuance of the provisions of section 710 of the Code of Civil Procedure, the plaintiff, on the thirtieth day of June, 1924, 1 ‘…