Taylor v. Hill

Citations

• 115 Cal. 143
• 46 P. 922
• 1896 Cal. LEXIS 985

Syllabus

<p>Laborer’s Lien—Notice of Claim to Debtor—Construction of Code— Constitutional Law—Due Process of Law.—Sections 1206 and 1207 of the Penal Code, though not expressly requiring service of notice of claims for wages upon the attachment or execution debtor, clearly implies that the debtor, as well as the creditor, is to have notice of the claim and an opportunity to dispute it, in providing that if he disputes the claim, he must, within ten days after receiving notice, serve upon the claimant, and the officer executing the writ, a verified statement in writing, setting forth that no part, or not more than a specific portion of said claim is justly due; and such notice and opportunity to the debtor to dispute the claim is essential to the constitutionality of the act, which would otherwise deprive the debtor of his property without due process of law.</p> <p>Id.—Notice to Receiver of Insolvent Debtor—Legal Representation. The sheriff, as receiver of an insolvent debtor, under the Insolvent Act, is a mere custodian of the property of the insolvent, pending the appointment of the assignee, and does not represent the insolvent debtor for the purpose of defending actions, and service of notice upon him of it laborer’s claim for wages is not given to the legal representative of the insolvent.</p> <p>Id.—Pleading—Demurrer to Complaint.—A complaint in an action to compel a sheriff to apply the proceeds of a sale of property under execution to the payment of claims for wages against the judgment debtor, which fails to allege that notice of the claims in suit was given to the defendants in the suit in which the property was attached and sold under execution, is insufficient, and a demurrer thereto should he sustained.</p>