4 Cal. 244
Decided July 15, 1854
California Supreme Court · decided 1854-07-15
The answer of the garnishee stated that he and Levy had entered into a contract that Levy should put up a building on Nathan’s lot for the sum of $4,400. The contract was thrown up by Levy, and he authorized Nathan to complete the bouse, which the latter did. Nathan answered that, according to the terms of the contract, he should owe $2,195 75, to be paid over at the times specified in said contract.
Decided 1854-07-15
¶1delivered the opinion of the Court.
¶2The answer of the garnishee does not disclose that there are any liens upon the building having priority of claim upon the fund in the hands of the garnishee.
¶3The District Court erred, therefore, in presuming' the existence of such claims.
¶4The order for a bill of interpleader is reversed, and the Court below is directed to enter judgment in conformity with the liability of the garnishee upon his answer.