Prather v. Pantone
Supreme Court of Georgia
Garnishment. Before Judge Crisp. City court of Americus. March 21, 1905. The plaintiff, under an execution against the defendant, sought to garnishee certain money due the latter by the Seaboard Air-Line Bailway. The defendant contended that the money was earned while he was in the employ of the railroad company as journeyman mechanic or day-laborer, and hence was not, under the Civil Code, §4732, subject to garnishment.
Read the full summary
Garnishment. Before Judge Crisp. City court of Americus. March 21, 1905. The plaintiff, under an execution against the defendant, sought to garnishee certain money due the latter by the Seaboard Air-Line Bailway. The defendant contended that the money was earned while he was in the employ of the railroad company as journeyman mechanic or day-laborer, and hence was not, under the Civil Code, §4732, subject to garnishment. On the trial the plaintiff introduced a witness who testified, that the defendant was employed in the railroad company’s shops in the capacity of cab and pilot builder for…
1Opinion of the CourtAtkinson, J.
Under the ruling made in the cases of Oliver v. Hardware Co., 98 Ga. 249, and Moultrie v. Crocker, 125 Ga. 82, the defendant, whose employment was that of building cabs and pilots for railway locomotives, was a “laborer” within the meaning of the Civil Code, §4732, exempting the wages of journeymen mechanics and day-laborers from process of garnishment. The fact that the laborer is paid according to the amount, and not the length of time of his work, does not preclude him from claiming the exemption. See Johnson v. Hicks, 120 Ga. 1002.
Jud,gment affirmed.
All the Justices concur, except Fish,…
2Cases cited3 opinions
- Oliver v. Macon Hardware Co.Supreme Court of Georgia · 1896
- Johnson v. HicksSupreme Court of Georgia · 1904
- Moultrie v. CrockerSupreme Court of Georgia · 1906
3Cited by2 opinions
- Howell v. AtkinsonCourt of Appeals of Georgia · 1907
- Cohen v. AldrichCourt of Appeals of Georgia · 1908