Davis v. Sheriff

1 Gunby 97

• Court: Louisiana Court of Appeal
• Decided: July 1, 1885
• Status: Published

Opinion

Mayo, J.

Under C. P. 644, as amended by Act 17 of 1874, and Act 76 of 1876, the wages of laborers are .exempt, from seizure. C. C. 1992.

2. “ Laborers ” are employees, who do hard, toilsome, manual work, and their “ wages ” are whatever thing or sum of money they work for.

3. Where a laborer is employed to work for a share of the crop, which share, in the present instance, was one-half of what he made, the contract is not one of partnership, but one of hire', the price paid for the labor being a part of its fruits or produc* tions. 14 An. 535; 22 An. 438. All the relations of employer and employee exist between the planter and the laborer, under such a contract.

4. The laborer’s share in the crop constitute his “ wages,” and said share cannot be seized, even for a privileged debt.