Smith v. Johnston
Supreme Court of Georgia
Garnishments. Wages. Laborer's. Judgments. Waiver. Exemptions. Before Judge Hammond. Fulton Superior Court. April Term, 1883. S. R. Johnston brought a rule against Smith, constable.
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Garnishments. Wages. Laborer's. Judgments. Waiver. Exemptions. Before Judge Hammond. Fulton Superior Court. April Term, 1883. S. R. Johnston brought a rule against Smith, constable. The following facts appeared from the rule, answer and record from the justice's court: Johnston bought a suit of clothes from Gay & Company, and gave a note therefor in which he waived “for himself and family, any and all homestead and exemption rights to which he or they may, in any event, be entitled, under any provision of the constitution or laws, state or federal.” Suit was brought, and a judgment obtained…
1Opinion of the Court
Jackson, Chief Justice.
1. A constable may be ruled for money collected by him from a garnishee, by the defendant in execution, if he be entitled to the money as exempt by reason oí its being. his wages as a laborer. Any “proper person,” if he refuse to pay it on demand, may rule him. Code, §3950; Acts of 1822 and 1841; Cobb’s Dig., pp. 578, 579. By a proper person, we understand “ the party entitled thereto, ’’ in the language of the same section, 3950. That the defendant in execution may be the proper person, see 8 Ga., 153. That case was where the rule was for balance due defendant, but the…
2Cases cited5 opinions
- Neal v. PerkersonSupreme Court of Georgia · 1878
- Butler, McCarty & Co. v. John M. Clark & Co.Supreme Court of Georgia · 1872
- Davis v. IrwinSupreme Court of Georgia · 1850
- Pioneer Co-operative Co. v. Eagle & Phœnix Manufacturing Co.Supreme Court of Georgia · 1881
- Wynne v. Millers & SibleySupreme Court of Georgia · 1878
3Cited by12 opinions
- Oliver v. Macon Hardware Co.Supreme Court of Georgia · 1896
- Armour Packing Co. v. WynnSupreme Court of Georgia · 1904
- Elliott v. AdamsSupreme Court of Georgia · 1931
- Howell v. AtkinsonCourt of Appeals of Georgia · 1907
- Leake v. TynerSupreme Court of Georgia · 1901
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