Caldwell v. Central of Georgia Railway Co.

The Court of Appeals asked instruction of this court upon the following question: “Should the statutory exemption from garnishment, set out in section 5298 of Park’s Ann. Code, be allowed in a garnishment proceeding based upon a judgment for temporary alimony and attorney’s fees for a wife and child, which judgment is for a fixed sum and not against any specific property? See, in this connection, Bates v. Bates, 74 Ga. 105; Coulter v. Lumpkin, 94 Ga. 225 [21 S. E. 461]; Knox v. Knox, 148 Ga. 253 [96 S. E. 337].”

We are of the opinion that the question should be answered in *393the negative.…