Heard v. Crum
Mississippi Supreme Court
From the circuit court of Union county. Hon. Eugene Johnson, Judge. The opinion states the case. 1. Appellant was a carpenter, and the head of a family, and worked all the while as a laborer on appellee’s house, and his wages therefor were exempt. Code 1892, § 1963. A laborer is one who subsists by physical toil. Williams v. Link, 64 Miss., 641. The test of exemption is not the form of action pursued, but the consideration of the debt due.
Read the full summary
From the circuit court of Union county. Hon. Eugene Johnson, Judge. The opinion states the case. 1. Appellant was a carpenter, and the head of a family, and worked all the while as a laborer on appellee’s house, and his wages therefor were exempt. Code 1892, § 1963. A laborer is one who subsists by physical toil. Williams v. Link, 64 Miss., 641. The test of exemption is not the form of action pursued, but the consideration of the debt due. Ransom v. Duff, 60 Miss., 901. The character of the debt makes it secure against any sort of legal process. 2. The words “other legal process,” as used in…
1Opinion of the CourtWhitfield, J.
In Lang v. Simmons, 64 Wisconsin, 529, it was held that money due upon a contract with a wood factory, for sawing lumber belonging to assignors, was not “wages.” The court say: “They were not persons hired by the assignors to do manual labor for them, nor were they hired persons within the ordinary sense of the words hired persons. They were manufacturers, doing business for themselves and employing other persons ... to accomplish the work they contracted to do for others. . . . We think it very clear that . laborers . . . who can be said to earn wages of an employer must hold such a relation…
2Cited by4 opinions
- Hinton & Walker v. PearsonMississippi Supreme Court · 1926
- Norman v. GoldmanSuperior Court of Delaware · 1961
- Henry v. StateMississippi Supreme Court · 1905
- Lewis v. HarrisonMississippi Supreme Court · 1916