Kline v. Russell
Supreme Court of Georgia
Garnishment. Before Judge Lumpkin. Eulton superior court. October 20, 1900. Kline was á forwarding and shipping clerk of a railroad company (tbe garnishee). His duty was, to see that freight was properly loaded on cars by truck hands working under his direction ; to check the freight as it was loaded; and to make written reports to the local freight agent, showing what cars were loaded, their numbers, the number of pounds of freight, and the time of loading.
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Garnishment. Before Judge Lumpkin. Eulton superior court. October 20, 1900. Kline was á forwarding and shipping clerk of a railroad company (tbe garnishee). His duty was, to see that freight was properly loaded on cars by truck hands working under his direction ; to check the freight as it was loaded; and to make written reports to the local freight agent, showing what cars were loaded, their numbers, the number of pounds of freight, and the time of loading. He was not required to handle the freight manually. If the force employed for loading was not large enough, he was authorized to em- .…
1Opinion of the CourtCobb, J.
1. Where a debtor claimed that a sum which his creditor was seeking to reach by a process of garnishment was due to him as a laborer, and therefore not subject to such process, it was not, upon the trial of an issue thus arising, erroneous to charge : “ If the contract of employment contemplated that the clerk’s services were to consist mainly of work requiring mental skill or business capacity, and involving the exercise of his intellectual faculties, rather than work the doing of which properly would depend upon a mere physical power to perform ordinary manual labor, he would not be a ‘…
2Cases cited3 opinions
- Oliver v. Macon Hardware Co.Supreme Court of Georgia · 1896
- Stuart v. PooleSupreme Court of Georgia · 1901
- Ensel v. AdlerSupreme Court of Georgia · 1900
3Cited by4 opinions
- Howell v. AtkinsonCourt of Appeals of Georgia · 1907
- Lee v. HillCourt of Appeals of Georgia · 1922
- Stothart v. MeltonSupreme Court of Georgia · 1903
- Mathewson v. ShewmakeCourt of Appeals of Georgia · 1915