Lawson
Lawson v. Lawson
Opinion
Lead Opinion
Angellotti, J.
This is an appeal by plaintiff from- an order directing the disposition of certain money placed within the control of the superior court under the provisions of section 710 of the Code of Civil Procedure. Plaintiff was the judgment creditor under a decree of divorce which, among other things, required the defendant to pay to plaintiff one hundred dollars per month for her maintenance and support. On May 31, 1910, plaintiff filed with the auditor of the city and county of San Francisco, of which city and county defendant was one of the justices of the peace, a duly authenticated transcript of the judgment, accompanied by her affidavit stating the exact amount due her from defendant under said judgment and that she desired to avail herself of the provisions of said section 710 of the Code of Civil Procedure. At that time there was due and owing to defendant from said city and county the sum of three hundred dollars, salary as justice of the peace, which was less than the amount due on the judgment. The money due defendant having been placed by the auditor within the control of the court rendering the judgment as ^required by section 710 of the Code of Civil Procedure, defendant gave…