260 P. 930 | Cal. Ct. App. | 1927
This is a proceeding under section
Plaintiff filed three counter-affidavits, one of Robert G. Hill, a resident of El Centro, stating "That a grocery account of $50.00 per month is sufficient for the necessary provisions for a family consisting of the husband and wife and one child about six years old of the defendant; that $40.00 per month rent for a house in which to reside is a suitable and appropriate expenditure for house rent; that $60.00 per month in addition thereto is a sufficient sum for any and all necessary expenditures for a family making a total of $150.00 which is sufficient to support the family of the defendant herein per month." Another C.H. Whitecotton, stating: "That he resides in Imperial County, California, and is working for Imperial Irrigation District and has a family consisting of himself, wife and two children; that his grocery account for his entire family is approximately $50.00 per month, and that a grocery account for provisions for a family of three persons would be approximately $35.00 per month; that he believes that $40.00 per month for a house to reside in in El Centro, being fairly well acquainted with rentals for residences in El Centro, would be $35.00 to $40.00 per month which would be suitable for a man, wife and one child, and that $50.00 or $60.00 per month would be amply sufficient for any additional expenditures per month necessary for a man, a wife and one child." And another of J.C. Cox, a grocer of El Centro, stating that the average grocery account of a man and wife and one child is $35 per month.
Upon submission, the court granted the motion of the defendant, ordered the money released from garnishment, and the clerk was ordered to pay over and deliver to the defendant the warrant filed by the county auditor. Plaintiff appeals from the order, and the appeal has been submitted upon appellant's brief; no brief having been filed by the respondent.
Plaintiff asks a reversal upon the following grounds: "First. That the salary of a District Attorney is subject to garnishment under section
It has generally been held that statutes authorizing garnishment of the salary or wages of public officers or employees are within the legislative power. (22 A.L.R. 760.) In California the power of the legislature to determine the state's policy in respect to legislative officers, as distinguished from constitutional officers, of subjecting their salaries to garnishee process, was upheld in Ruperich v. Baehr,
The foregoing conclusion renders it unnecessary to discuss the other grounds for reversal as raised by appellant. [3] Suffice it to say that we do not agree with plaintiff's contention that only laborers, or those who do physical labor, are entitled to the benefit of exemptions as provided in section
The order appealed from is affirmed.
Houser, Acting P.J., and York, J., concurred.