Hollender v. Friedenberg

This motion to vacate and set aside the execution issued on behalf of the plaintiffs against the defendant, and served upon the defendant’s employers, is based upon the theory that the sixty dollars a week which the employers paid the defendant is neither wages, earnings nor salary within the meaning of section 1391 of the Code of Civil Procedure, which permits the appropriation of a portion not exceeding ten per cent, of such wages, earnings or salary of the judgment debtor by the judgment creditor. The exact terms of the contract under which the defendant is rendering services are not set…