Legal Opinion

Butler, McCarty & Co. v. John M. Clark & Co.

Supreme Court of Georgia

Decided July 15, 1872PublishedCited by 5 opinions

Garnishment. Wages. Before Judge Gould. City Court of Augusta. February Term, 1872. Butler, McCarty and Company obtained judgment against William J. Freeman and Henry N. Freeman, partners, under the firm name of Freeman Brothers, for $997 37, principal, besides interest, at the August Term, 1871, of the City Courtof Augusta.

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Garnishment. Wages. Before Judge Gould. City Court of Augusta. February Term, 1872. Butler, McCarty and Company obtained judgment against William J. Freeman and Henry N. Freeman, partners, under the firm name of Freeman Brothers, for $997 37, principal, besides interest, at the August Term, 1871, of the City Courtof Augusta. Garnishment process was subsequently sued out on said judgment, and John M. Clark & Company were served as garnishees on December 18th, 1871. On February 28th, 1872, the garnishees filed an answer admitting an indebtedness to Henry N. Freeman of $220 for daily wages as…

1Opinion of the Court

Montgomery, Judge.

Does the evidence in this case show that Henry N. Freeman was a “journeyman ? ” He was shipping and receiving clerk for the garnishees, “ and performed any other duties required of him by the firm.” They paid him at the rate of so much per month; could discharge him at any time, and deducted for lost time at the rate at which they paid him. A journeyman is defined to be a day laborer, a hired workman : Zell’s Encyclopedia. If Freeman was not a day laborer he was certainly a hired workman. And the statute evidently does not confine the meaning of the word to day laborer.. It…

2Cited by5 opinions

  1. Oliver v. Macon Hardware Co.Supreme Court of Georgia · 1896
  2. Smith v. JohnstonSupreme Court of Georgia · 1884
  3. Abrahams v. AndersonSupreme Court of Georgia · 1888
  4. Lamar v. ChisholmSupreme Court of Georgia · 1886
  5. Commercial Credit Co. v. ParrettLouisiana Court of Appeal · 1927

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