Legal Opinion

Russell v. Arnold

Supreme Court of Georgia

Decided June 15, 1858PublishedCited by 4 opinions

Certiorari, from Bibb county. Tried before Judge Lamar, May Term, 1858. John F. Arnold sued Jacob Russell in a Justices Court, and garnisheed the South Western Railroad, and on the returns of the answer to the garnishment, plaintiff moved to enter up judgment against the garnishee ; to which the defendant objected on the ground, that the monthly wages of laborers and mechanics are exempt from the laws of garnishment..

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Certiorari, from Bibb county. Tried before Judge Lamar, May Term, 1858. John F. Arnold sued Jacob Russell in a Justices Court, and garnisheed the South Western Railroad, and on the returns of the answer to the garnishment, plaintiff moved to enter up judgment against the garnishee ; to which the defendant objected on the ground, that the monthly wages of laborers and mechanics are exempt from the laws of garnishment.. The answer of the garnishee was, that they were indebted to Russell §33, for one month’s wages as a fireman for one of their engines, he having been employed by them as such…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

In 1845, the General Assembly passed an act in the'following words: “ That from and after the passage of this act, all journeymen mechanics and day laborers shall be exempt from the process and liabilities of garnishment, on their daily, weekly, or monthly wages, whether in the hands of employees or others.” Cobb Dig. 88.

On the 4th of March, 1856, the General Assembly passed *626a general act relating to attachments and garnishments, of which act, the 55th section is in the following words:

“That all Acts and parts of Acts upon the subject of…

2Cited by4 opinions

  1. Drake v. Thyer Manufacturing Corp.Court of Appeals of Georgia · 1961
  2. Everett v. Planters' BankSupreme Court of Georgia · 1878
  3. Drake v. Thyer Manufacturing Corp.Court of Appeals of Georgia · 1961
  4. Sale v. LeachmanCourt of Appeals of Georgia · 1962

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