McLarty v. Tibbs
Mississippi Supreme Court
From the circuit court of the second district of Yalobusha county. Hon. James T. Fant, Judge. Section 1244 of the code of 1880 is as follows: “The following property shall be exempt from seizure under execution or attachment, to wit: First — The tools of a mechanic, necessary for carrying on his trade; Second — The agricultural implements of a farmer, necessary for two male laborers; Third — The implements of a laborer, necessary in his usual employment; Fourth — The books…
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From the circuit court of the second district of Yalobusha county. Hon. James T. Fant, Judge. Section 1244 of the code of 1880 is as follows: “The following property shall be exempt from seizure under execution or attachment, to wit: First — The tools of a mechanic, necessary for carrying on his trade; Second — The agricultural implements of a farmer, necessary for two male laborers; Third — The implements of a laborer, necessary in his usual employment; Fourth — The books of a student, required for the completion of his education; Fifth — The wearing apparel of every person; Sixth — The…
1Opinion of the CourtWoods, J.
Tibbs, the defendant, is a laborer, over the age of twenty-one years, unmarried, and not the head of a family. Are his wages as such laborer, to the amount of one hundred dollars, exempt from garnishment or other legal process ?
Unless we are to disregard the structure of the statute,paragraph eight, § 1244, code of 1880, and all rules of grammatical and legal interpretation, the exemption referred to is conferred upon heads of families only.
The first and third paragraphs of the section create the exemptions peculiar to mechanics and laborers. Paragraph eight creates an additional exemption,…
2Cited by2 opinions
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