Stothart v. Melton
Supreme Court of Georgia
Certiorari. Before Judge Barrow. Chatham superior court. August 1, 1902. Upon an execution against Melton a garnishment was sued out, which was traversed, and the trial justice entered judgment sustaining the traverse. This ruling was set aside on certiorari, and the plaintiff excepted.
Read the full summary
Certiorari. Before Judge Barrow. Chatham superior court. August 1, 1902. Upon an execution against Melton a garnishment was sued out, which was traversed, and the trial justice entered judgment sustaining the traverse. This ruling was set aside on certiorari, and the plaintiff excepted. The evidence was in brief as follows: Melton is employed as a carpenter in a planing-mill; is foreman of the mill, has charge of that department, and has ten or fifteen men under him; is paid by the hour, and earns $3.25 per day; has special supervision of the mill, because he is a skilled mechanic, and for…
1Opinion of the CourtCobb, J.
Where a contract of employment contemplates work the doing of which depends mainly upon the mere physical power of the employee to do ordinary manual labor, the person so employed is a “laborer” within the meaning of the statute of this State exempting from the process of garnishment the wages of journeymen mechanics and day-laborers. Kline v. Russell, 113 Ga. 1085, and cases cited; Pike v. Sutton, 115 Ga. 688. The mere fact that such an employee lias the control and management of coemployees engaged in similar work would not deprive him of the exemption allowed by the statute. Judgment…
2Cases cited2 opinions
- Kline v. RussellSupreme Court of Georgia · 1901
- Pike v. SuttonSupreme Court of Georgia · 1902
3Cited by3 opinions
- Bell v. J. B. Withers Cigar Co.Supreme Court of Georgia · 1943
- Williams v. KelleyCourt of Appeals of Georgia · 1949
- Bell v. J. B. Withers Cigar Co.Supreme Court of Georgia · 1943