121 Iowa 544 | Iowa | 1903
It is alleged in the petition that Charles Brown, being indebted to plaintiff on account, and being in the employ of defendant, executed and delivered to-plaintiff a written assignment of a portion of the wages' which should become due to him from defendant, suclr. assignment being in the following language: “Clinton,, Iowa, Dec. 2.1, 1898. Bor valuable consideration, I hereby assign, transfer and set over to J. M. Petersen the amount of $1.00 per week due me from my wages until May 1, 1899, and then $2.00 a week until Nov. 1, 1899, and so on until bill is paid up, the amount of one hundred and sixty-five dollars and seven cents ($165.07). Charles Brown. ’* It is further alleged that said Brown continued to work for the defendant for such length of time after the assignment that the portion of his wages referred to in the above instrument would have amounted to $150, but that, although defendant had oral notice of such assignment, he failed and refused to retain out of the wages of Brown the portion thereof assigned to plaintiff except the sum of-$5, which he has not paid to plaintiff, and that he refuses to pay to plaintiff the amount of $150, which is the amount which he should have retained out of said Brown’s wages and paid over to plaintiff. In separate divisions of his answer, defendant denied the allegations of plaintiff’s petition, except that he admitted being told by plaintiff that plaintiff had an assignment from Brown of a portion of his wages to be thereafter earned, payable $1 per week; but he alleged that as to whether or not said Brown signed the assignment, a eopy of which is set out in plaintiff’s petition, or executed or delivered the same to plaintiff, the defendant had neither knowledge nor infor
The motion to strike, so far as it is necessary to state it, properly raised the question as to the sufficiency of the divisions of the answer relating to the exemption of the wages, and the absence of a written notice to defendant as a defense to plaintiff’s action. It was in effect a specific demurrer to each of these divisions of the answer, as not stating matter constituting a defense, and we shall treat the action of the court as though such a demurrer had been interposed and overruled. The ruling with reference to the allegation that the wages earned by Brown were exempt involves a construction of a provision found in Code, section 2906, as follows: “No incumbrance of personal property which may be held exempt from execution by the head of a family, if a resident of this state, under the provisions of law, shall be of any validity as to such exempt property only, unless the same be by written instrument, and unless the husband and wife, if both aro