Legal Opinion

Smith v. City of Mobile

Supreme Court of Alabama

Decided June 20, 1935No. 1 Div. 877PublishedCited by 4 opinions

1Opinion of the Court

GARDNER, Justice.

Garnishment proceedings against the city of Mobile to subject to satisfaction of a judgment against William A. Smith, Jr., his compensation as a fireman of said-city.

The trial court was of the opinion such compensation was not subject to garnishment under section '8088, Michie’s Code, 1928, and quashed the writ, evidently upon the theory that the sum paid the judgment defendant was not salary, but wages, and therefore not within the influence of the statute.

Based upon the broad ground of public policy, our decisions permitted no garnishment proceedings against such municipal…

2Cases cited8 opinions

  1. Brandon v. AskewSupreme Court of Alabama · 1911
  2. First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
  3. Walsh v. City of BridgeportSupreme Court of Connecticut · 1914
  4. South & North Alabama Railroad v. FalknerSupreme Court of Alabama · 1873
  5. Porter & Blair Hardware Co. v. PerdueSupreme Court of Alabama · 1894

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3Cited by4 opinions

  1. City of Atlanta v. AkinsCourt of Appeals of Georgia · 1967
  2. Coco v. School Committee of BoylstonMassachusetts Supreme Judicial Court · 1984
  3. Childers v. Morgan County Board of EducationCourt of Civil Appeals of Alabama · 1985
  4. Norman v. GoldmanSuperior Court of Delaware · 1961

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