Legal Opinion

Williams v. Link

Mississippi Supreme Court

Decided April 15, 1887PublishedCited by 3 opinions

Appeal from the Circuit Court of Yazoo County. HoN. T. J. WhartoN, Judge. N. D. Link, as administrator, obtained a judgment against T. P. Williams and caused a writ of garnishment to be served on Barks-dale & Johnson, a firm doing business as merchants. They answered, admitting their indebtedness in the sum of ninety-two dollars and eighty-nine cents.

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Appeal from the Circuit Court of Yazoo County. HoN. T. J. WhartoN, Judge. N. D. Link, as administrator, obtained a judgment against T. P. Williams and caused a writ of garnishment to be served on Barks-dale & Johnson, a firm doing business as merchants. They answered, admitting their indebtedness in the sum of ninety-two dollars and eighty-nine cents. The answer further sets out “ that the said Williams is a laborer in our employ, being engaged by us as a clerk in our mercantile house, and the sum of ninety-two dollars and eighty-nine cents represents an accumulation of wages in our hands…

1Opinion of the CourtCampbell, J.

The “laborer” whose wages to the amount of one hundred dollars are exempt from garnishment by § 1244 of the code is “ one who subsists by physical toil in distinction from one who subsists by professional skill.” Where physical toil is the main ingredient of services rendered, although directed and made more *644valuable by skill, the person performing them is a laborer within the meaning of the statute. The appellant is shown by the record to have been a laborer, engaged as a clerk in a store, and the wages earned by him as such laborer are exempt from garnishment. Weymouth v. Sanborn, 43 New…

2Cases cited1 opinion

  1. Caraker v. J. M. & H. F. MathewsSupreme Court of Georgia · 1858

3Cited by3 opinions

  1. Hinton & Walker v. PearsonMississippi Supreme Court · 1926
  2. Sheehan ex rel. Best v. Union Stock Yard & Transit Co.Appellate Court of Illinois · 1912
  3. Williams v. Alcorn Electric Light Co.Mississippi Supreme Court · 1910

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