Chapman v. Berry
Mississippi Supreme Court
From tbe circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The appellant and judgment debtor, Chapman, was an employee of the garnishee, the Alabama & Vicksburg Railway Company, working for wages at $81 per month, payable monthly. The railway company was garnisheed on April 8, 1895, when one month’s wages were due. This money was retained by the company.
Read the full summary
From tbe circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The appellant and judgment debtor, Chapman, was an employee of the garnishee, the Alabama & Vicksburg Railway Company, working for wages at $81 per month, payable monthly. The railway company was garnisheed on April 8, 1895, when one month’s wages were due. This money was retained by the company. Chapman having informed the company that, his credit being thus impaired, he could not live and support the family of which he was the head, unless the company would supply him from month to month from the…
1Opinion of the CourtWoods, J.
In the opinion of this court in Chandler v. White, 71 Miss., 161, it is said that ‘ ‘ the one hundred dollars wages of the laborer having a family, under § 1244, code of 1880, it is declared, shall be exempt from garnishment or other legal process. It is exempt from every garnishment, whether sought to be enforced annually or monthly. Time does not measure the privilege. Whenever the exemption is sought to be subjected, by legal process, to the demand of the creditor, the exemptionist may invoke the protection of the law. ’ ’ In that case, the contention of counsel for the judgment creditor…
2Cases cited3 opinions
- Bliss v. SmithIllinois Supreme Court · 1875
- Hall v. HartwellMassachusetts Supreme Judicial Court · 1886
- Chandler v. WhiteMississippi Supreme Court · 1893
3Cited by2 opinions
- Leasy v. ZollicofferMississippi Supreme Court · 1980
- Miller v. BarronWest Virginia Supreme Court · 1986