Vaughn

This is an appeal from an order dissolving an attachment and declaring a garnishment null and void.

Action was commenced by the plaintiff against the defendants to recover five thousand two hundred dollars alleged to he due as rent of premises owned by plaintiffs and which were leased to the defendants. A writ of attachment was duly issued and copies thereof served upon the city treasurer of the city of Los Angeles and upon the clerk in the street opening department. It appears that the clerk was holding a warrant, payable to the defendants, which was to satisfy a judgment in their favor in a proceeding for opening a street, and that the city treasurer had funds applicable to the payment of such warrant.

The defendants answered the complaint and made a, motion for an order declaring the garnishment null and void, upon the ground that it was of funds due from a municipal corporation, and that the purported garnishment did not comply with the requirements of section 710' of the Code of Civil Procedure. The motion was granted and the garnishment declared void.

[1] As a matter of public policy, general provisions making property subject to execution, garnishment, or liens are…