16 Wash. 694 | Wash. | 1897
The opinion of the court was delivered by
The appellants brought suit against Kirby, Hightower & Co. to recover on two notes, and caused a writ of garnishment to be issued and served on the receiver for the Sedro Lumber & Shingle Company. Said last company had been engaged in the manufacture of shingles from shingle bolts furnished it by Kirby, Hightower & Co. The shingles on hand were converted into money and the court found that Kirby, Hightower & Co. were entitled to receive $794.26 thereof. A large number of laborers for Kirby, Hightower & Co., who had performed labor in getting out the shingle bolts, sought to enforce liens against the shingles, and the court found that they were entitled to liens, the amount thereof being largely in excess of the amount aforesaid awarded to Kirby, Hightower & Co., and the court found that the laborers were entitled to such proceeds, to be paid to them upon their claims pro rata.
It also appears that certain of the laborers aforesaid served a notice under § 3124, Gen. Stat., of their claims for labor performed, within sixty days prior to said garnishment, and one of the points the appellants seek to raise is that this statute will not allow the payment of such claims in cases of garnishment, as it cannot be considered a writ of a similar nature to an execution or an attachment. A number of the respondents appear here by one firm of attorneys, and certain of them by other attorneys, and they have filed separate briefs. One of them contends that this point is not raised by the record, and furthermore that, while the court found that such a notice had been served, it nowhere directed the payment of any of the proceeds to such laborers. However this may be, we regard the point as immaterial so far as these appellants are concerned, and none of the laborers have appealed. For, if it were conceded that none of the laborers could proceed under the statute in question to enforce their claims by such notice, it yet appears that there is not enough left of the proceeds to pay the lien claims of the other laborers. So the appellants could get nothing in any event, and of course the appellants are not interested as to whether the money is distributed among the greater or lesser number of the employees of Kirby, Hightower & Co.
Affirmed.
Gordon, Anders, Reavis and Dunbar, JJ.. concur.