Walters

This appeal is from a judgment which affirmed in part and reversed in part an order of a referee in bankruptcy which denied a petition of appellant, Byron J. Walters, a discharged bankrupt, praying that appellee, Edith Maud Wilson, a judgment creditor of appellant, be enjoined from enforcing her judgment.

Appellee’s judgment was obtained on August 20, 1937, in the Superior Court of the State of California in and for Los Angeles County. Appellant filed his petition in bankruptcy and was adjudged a voluntary bankrupt on June 9, 1939. He obtained his discharge on August 10, 1939. Thereafter, in May, 1940, appellee, seeking to enforce her judgment, complied with the provisions of § 710 of the California Code of Civil Procedure and, pursuant thereto, obtained a garnishment against the salary of appellant as a judge of the Municipal Court of the City of Los Angeles. Thereupon, as required by § 710, the auditor of Los Angeles County paid into the Superior Court the money due appellant as such salary.

Appellant did not at that time petition the bankruptcy court to enjoin the enforcement of appellee’s judgment. 1 Instead, he moved the Superior Court for an order releasing the money…