Caraker v. J. M. & H. F. Mathews
Supreme Court of Georgia
Garnishment, from Talbot. Tried before Judge Worried, September Term, 1857. J. M. & H. F. Mathews held an execution against Hamlin Jordan. Jordan was in the employ of Jacob Caraker, as overseer, under an agreement that he was to be paid his wages daily or weekly, in order that he might be enabled to furnish his family with the necessaries of life. Caraker paid him the wages as they accrued, under the agreement. J.M. & H. F. Mathews garnisheed Caraker.
Read the full summary
Garnishment, from Talbot. Tried before Judge Worried, September Term, 1857. J. M. & H. F. Mathews held an execution against Hamlin Jordan. Jordan was in the employ of Jacob Caraker, as overseer, under an agreement that he was to be paid his wages daily or weekly, in order that he might be enabled to furnish his family with the necessaries of life. Caraker paid him the wages as they accrued, under the agreement. J.M. & H. F. Mathews garnisheed Caraker. At the time of service of the garnishment, Caraker owed Jordan nothing, but still continued, after the garnishment, to pay Jordan his wages as…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
By the Act of 1845, (Cobb, 88,) alljourneymen mechanics and day laborers are exempt from the process and liability of garnishment on their daily, weekly or monthly wages, whether in the hands of employers or others. The Judge in this case decided,' that the debtor was not entitled to the benefit of this Act, upon the ground that the Act of 1845, was repealed by the attachment law of 1856. It is pretty clearly to be inferred, that had he thought otherwise, he would have given to this defendant the benefit of the protection of this statute.
We have…
2Cited by12 opinions
- Pendergast v. YandesIndiana Supreme Court · 1890
- Everett v. Planters' BankSupreme Court of Georgia · 1878
- Kyle & Co. v. MontgomerySupreme Court of Georgia · 1884
- Abrahams v. AndersonSupreme Court of Georgia · 1888
- Traders Investment Co. v. Macon Railway & Light Co.Court of Appeals of Georgia · 1907
7 more not listed; retrieve them via the Exa API.