Worthington

Legg & Shaw Co. v. Worthington

Good Law
157 Cal. 488·1910 Cal. LEXIS 284·108 P. 284
Supreme Court of CaliforniaMarch 30, 1910Sac. No. 1739.California1,477 words

Opinion

Lead Opinion

Melvin, J.

This is an appeal by certain intervening - lien claimants from an order made after final judgment.

In November, 1905, Legg & Shaw Company, a corporation, filed a complaint against the Morning Star Gold Mining Company, a corporation, praying judgment for $677.31 on account of goods sold and delivered. Attachment issued on the same day on which the complaint was filed. On December 2, 1905, , the sheriff made return of said writ certifying that he had attached certain of the property of the defendant corporation by taking said property into his custody and placing a keeper in charge of it.

On June 8, 1906, judgment for plaintiff by default was . entered and on the same day plaintiff filed its cost-bill which _ included, among other items, $416.00 keeper’s fees.

On June 17, 1906, appellants presented their claims in accordance with section 1206 of the Code of Civil Procedure, and on June 18th the property which had been held under attachment was sold at public auction for $295.00.

Thereafter the lien claimants gave notice of a motion to have the sheriff pay over to them the proceeds of the sale minus $15.70 admittedly due the sheriff as costs. This motion coming on regularly to be…

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