Carter

Carter v. Green Mountain Gold Mining Co.

Good Law
1890 Cal. LEXIS 671·83 Cal. 222·23 P. 317
Supreme Court of CaliforniaFebruary 28, 1890No. 13031California903 words

Opinion

Lead Opinion

Belcher, J.

The facts out of which the controversy in this case arises are as follows:—

*223 The defendant was a corporation engaged in quartz-mining at Orescent. Mills, in Plumas County. On the 30th of September, 1887, the plaintiffs commenced an action against the defendant to recover a debt due for goods, wares, and merchandise sold and delivered, and at the same time took out a writ of attachment, which on the next day was levied by the sheriff on all of defendant’s personal property. Such proceedings were afterward had in the action that on the 24th of October, 1887, judgment for more than three thousand three hundred dollars was entered therein in favor of the plaintiffs, no part of which had been paid. The personal property so attached was, on the 17th of December, 1887, sold by the sheriff under execution for the sum of $991.48, over and above all his ’costs, and this sum was thereafter duly paid into court on his petition, showing that conflicting claims -were made upon him for the money.

The appellants — fifty-one in number-—-were miners, and during the sixty days next preceding the levy of the attachment were employed by the defendant as laborers in and about said mine. Their…

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