Gamble

T his is a proceeding under section 710 of the Code of Civil Procedure providing for garnishment of moneys owing a judgment debtor from any county, city and county, city, or other municipal or public corporation. In this proceeding the county auditor filed his warrant for the sum of $250 with the clerk of the court in the above-named action. The defendant filed notice of motion to order said sum paid to the defendant, upon the ground that said sum is the earnings of a judgment debtor for his personal services rendered within thirty days next preceding the levy of the garnishment, and that said earnings are necessary for the use of his family, residing in this , state, and supported in whole by his labor; and upon the further ground that the sum garnisheed is the compensation of a constitutional officer of the state of California and is therefore not subject to garnishment under the provisions of section 710 of the Code of Civil Procedure. In support of the motion the defendant filed an affidavit stating that he “receives a monthly compensation of $250.00 per month from the County of Imperial in full compensation for all his services rendered as said District Attorney. That the…