Enzor & McNeill v. Hurt
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the lion. John P. ITtjbbard. The appellants in this case, having recovered a judgment against J. D. Hurt, sued out a garnishment on it, and summoned the Mobile and Grirard Railroad Company as the debtor of said Hurt.
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Appeal from the Circuit Court of Pike. Tried before the lion. John P. ITtjbbard. The appellants in this case, having recovered a judgment against J. D. Hurt, sued out a garnishment on it, and summoned the Mobile and Grirard Railroad Company as the debtor of said Hurt. The garnishee appeared, and answered, stating that said Hurt was in its employment as a night watchman, at a salary of $1.35 per day, payable on the 15th day of each month; and that the company owed him about $125 as wages past due. The defendant thereupon filed his claim of exemption, verified by affidavit, and accompanied by a…
1Opinion of the CourtSomeryille, J.
— The statute provides, that “ the wages, salaries or compensation, of laborers and employees for personal service, not exceeding twenty-five dollars per month, shall be free from garnishment for debt.” — Code, 1876, § 2823. This is a special exemption of property from legal process, intended to be secured only to residents of this State, and is declared to be in addition to the exemption of the homestead, and the personal property to the amount of one thousand dollars, which is authorized by section 2820 of the Code to be selected by such resident owner.
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2Cases cited3 opinions
- Darden v. ReeseSupreme Court of Alabama · 1878
- Borden v. BradshawSupreme Court of Alabama · 1880
- Williamson v. HarrisSupreme Court of Alabama · 1876
3Cited by15 opinions
- Sims v. MooreSupreme Court of Alabama · 1972
- Walker v. Williams & Bouler Construction CompanyCourt of Civil Appeals of Alabama · 1970
- McFadden v. MurrayNew Mexico Supreme Court · 1927
- Barton v. LaundrySupreme Court of Alabama · 1918
- Ex Parte AverySupreme Court of Alabama · 1987
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