Rauer

Plaintiff brought an action in the superior court to recover from defendant 'Silva the sum of three hundred and Seventy-three dollars upon an account, and a writ of attachment was issued therein, and thereafter judgment by default was rendered against Silva. The other defendants were fictitious persons. John O’Connor and. Halcón Johnson each in due time served upon the plaintiff and the sheriff his affidavit to establish a laborer’s lien upon the money attached, pursuant to the provisions of section 1206 of the Code of Civil Procedure, and within ten days thereafter commenced their several actions against Silva in justice’s court, and afterward had judgment therein, O’Connor for seventy-five dollars and fifty cents, and Johnson for forty-five dollars and fifty cents, for labor performed by them for Silva within sixty days next preceding the levy of the attachment.

Afterward, defendant Silva served upon plaintiff notice of a motion for an order of the superior court directing the sheriff to pay out of the funds in his hands the amount of said justice’s judgments to O’Connor and Johnson, respectively, and upon the hearing of said motion it was granted, and from the order granting…