Board of Education v. Blake

Citations

• 4 Cal. Unrep. 891
• 38 P. 536
• 1894 Cal. LEXIS 1280

Syllabus

<p>Garnishment.—A Board of Education is not Subject to garnishment.1</p> <p>Mechanics’ Liens—Notices.—Under Code of Civil Procedure, section 1184, providing, in regard to mechanics’ liens, that the owner shall retain a certain percentage of the contract price for thirty-five days after the completion of the work, and that the materialmen, etc., may at any time serve notice on the owner of their claim for material furnished or labor performed, whereupon the owner shall retain sufficient of the money due or to become due the contractor to satisfy such claims, the notices may be served after the expiration of the thirty-five days, provided there are funds due the contractor still in the hands of the owner.2</p> <p>Mechanics’ Liens.—A County Deposited Money Due a Contractor in court, and two creditors of the contractor, one only of whom had a lien on the fund, together with the contractor, were ordered to interplead for the same. The contractor failed to set up any claim to the fund. Held, that the balance of the fund left after satisfying the creditor’s lien should be paid to the other creditor to satisfy a judgment held by him against the contractor, instead of to the contractor.</p>