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64 Miss. 641

Williams v. Link

Mississippi Supreme Court

Decided April 15, 1887

Mississippi Supreme Court · decided 1887-04-15

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.

Cited by 3 later decisions — most recently February 1926

3 state decisions

Relies on Caraker v. J. M. & H. F. Mathews

Good law ✅— No negative treatment on recordhow we know

Decided 1887-04-15

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Campbell, J.,

¶1delivered the opinion of the court.

¶2The “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 Hamp. 171; Caraker v. Matthews, 25 Ga. 571; Pa. Coal Co. v. Costello, 33 Pa. St. 241. The statute denies to creditors the fruits of one’s manual toil not exceeding one hundred dollars that this compensation for labor may go to supply the wants of himself and family. Smith v. Brooke, 49 Pa. St. 147.

¶3Reversed, and judgment here discharging the garnishees with costs.

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