Boynton v. Pelham

Supreme Court of Georgia

Boynton v. Pelham

33 S.E. 876, 108 Ga. 794, 1899 Ga. LEXIS 429

CourtSupreme Court of Georgia

DecidedJuly 22, 1899

StatusPublished

Cited by2 cases

This text of 33 S.E. 876 (Boynton v. Pelham) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boynton v. Pelham, 33 S.E. 876, 108 Ga. 794, 1899 Ga. LEXIS 429 (Ga. 1899).

Pincite

Opinion

Lumpkin, P. J.

The question at issue being whether or not the wages of a clerk employed in a railway company’s office were subject to garnishment, and he being, under the evidence, an employee whose services under his contract consisted “mainly of work requiring mental skill or business capacity, and involving the exercise of his intellectual faculties, rather than work the doing of .which properly would depend upon a mere physical power to perform ordinary manual labor,” he should not, under the rule laid down in Oliver v. Macon Hardware Company, 98 Ga. 249, and followed in McPherson v. Stroup, 100 Ga. 228, have been classified as a “laborer.” Accordingly, the jury in the magistrate’s court correctly found that his wages were subject to the garnishment, and the superior court erred in sustaining the certiorari and setting their verdict aside.

Judgment reversed.

AU concurring, except Fish, J., who was disqualified.

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Lumpkin, P. J.

The question at issue being whether or not the wages of a clerk employed in a railway company’s office were subject to garnishment, and he being, under the evidence, an employee whose services under his contract consisted “mainly of work requiring mental skill or business capacity, and involving the exercise of his intellectual faculties, rather than work the doing of .which properly would depend upon a mere physical power to perform ordinary manual labor,” he should not, under the rule laid down in Oliver v. Macon Hardware Company, 98 Ga. 249, and followed in McPherson v. Stroup, 100 Ga. 228, have been classified as a “laborer.” Accordingly, the jury in the magistrate’s court correctly found that his wages were subject to the garnishment, and the superior court erred in sustaining the certiorari and setting their verdict aside.

Judgment reversed.

AU concurring, except Fish, J., who was disqualified.

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Bluebook (online)

33 S.E. 876, 108 Ga. 794, 1899 Ga. LEXIS 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boynton-v-pelham-ga-1899.

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