Coffee
Coffee v. Haynes
Opinion
Lead Opinion
Chipman, J.
Action for the value of certain legal services as attorneys-at-law rendered defendant Haynes by plaintiff’s assignors. Plaintiff recovered default judgment for nineteen hundred and twenty dollars on June 31, 1898, and on the same day a writ of execution was duly issued in the action and was served upon appellant Lees June 33d, as garnishee. Appellant answered as follows: “San Francisco, June 33, 1898. (Directed to the sheriff.) Dear Sir: Replying to your process of garnishment .... I have in my possession no moneys .... belonging to Theodore P. Haynes, .... except such as has come into my possession in my official capacity .... by reason of said .... (defendant) haAdng been a prisoner in my custody, and any and all of which property is exempt from attachment or execution by reason of its having come into my custody in the manner aforesaid. Yours respectfully, I. W. Lees, Chief of Police.” Thereafter, and on the same day, plaintiff filed his affidavit in the court praying an order of the court directed to the said Lees to show cause why he should not obey the Avrit of execution. On June 37th, the judge issued an order requiring the said Lees to show cause, to which the latter made…