Legal Opinion

Chandler v. White

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 2 opinions

From the circuit court of the second district of Chickasaw county. Hon. Newnan Cayce, Judge. Appellant, R. W. Chandler, recovered a judgment .against J. B. and M. A. White, and, in March, 1882, caused a writ of garnishment to be served on the Mobile & Ohio Railroad Company.

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From the circuit court of the second district of Chickasaw county. Hon. Newnan Cayce, Judge. Appellant, R. W. Chandler, recovered a judgment .against J. B. and M. A. White, and, in March, 1882, caused a writ of garnishment to be served on the Mobile & Ohio Railroad Company. Defendant, J. B. White, was in the employ of said company as a laborer, and the conrpany answered the garnishment, admitting an indebtedness of forty dollars, which White claimed as exempt, he being the head of a family. The justice court in which the judgment had been rendered, and to which the writ of garnishment was…

1Opinion of the CourtWoods, J.

The astonishing result reached in the magistrate’s court was properly rectified by the judgment of the circuit court. The contention of appellant’s counsel is utterly untenable. The statute cannot be tortured into such constructon as would make only one hundred dollar’s per annum of a laborer or mechanic, due as wages, secure from the demands of creditors. It is just as plausible to say that the statutory exemption of wages to the laborer having a family to support can be claimed once in a life-time as to say that it can be claimed only once a year. The extent of the exemption is not left in…

2Cited by2 opinions

  1. Miller v. BarronWest Virginia Supreme Court · 1986
  2. Chapman v. BerryMississippi Supreme Court · 1895

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