Taylor

In the former opinion delivered in this case, it was erroneously held that there was no appeal from the judgment, and accordingly the only questions considered were those presented by the appeal from the order denying a new trial. For this reason alone a rehearing was ordered, and, in disposing of the only question raised by the appeal from the judgment, we readopt the former opinion as to matters therein discussed.

The question now to be determined arises upon the demurrer to the complaint which fails to allege that any notice of the claims of plaintiff and his assignors was given to the defendants in the attachment suit of West v. Palmer & Co. The statute (Code Civ. Proe., secs. 1206, 1207) does not expressly require service of notice-of claims for wages upon the attachment or execution-debtor, but it clearly implies that he is to have notice, for it expressly provides (Code Civ. Proc., sec. 1207) that if he disputes the claim he must, within ten days after-receiving notice, serve upon the claimant, and the officer executing the writ, a verified statement in writing, setting forth that no part, or not more than a specific portion, of said claim is justly due. The plain…