Russell M. Miller Company v. Givan

CROCKETT, Justice.

Plaintiff, Russell M. Miller Company, had a judgment for $4,327.82 against the'defendant, B. T. Givan, upon which it caused execution and garnishment in aid thereof to be issued and served upon First Security Bank. The bank answered that Givan had on deposit $865.41, which, pursuant to garnishee judgment, the sheriff proceeded to collect.

Givan filed an affidavit claiming one-half of the fund under 78-23-1(7) U.C.A.1953, which makes exempt from execution:

“One-half of the earnings of the judgment debtor for his personal services rendered at any time within thirty days next…