Pike v. Sutton

Supreme Court of Georgia

Pike v. Sutton

42 S.E. 58, 115 Ga. 688, 1902 Ga. LEXIS 531

Supreme Court of Georgia·Decided June 9, 1902·Published·Cited by 4 cases

Opinion

Simmons, C. J.

1. A clerk in a retail store, whose duties are such as to keep him employed one half of his time in “ drudgery and hard work,” one fourth of his time “ in waiting on customers in the sale of goods, and one fourth waiting for customer,” is a laborer within the meaning of the laws of this State exempting from garnishment the wages of laborers. Oliver v. Macon. Hardware Co., 98 Ga. 249; Stuart v. Poole, 112 Ga. 818.

2. The court below was right in sustaining the certiorari, but, instead of rendering a final judgment, should have ordered a new trial in the magistrate’s court. See Holmes v. Pye, 107 Ga. 784 ; Alabama R. Co. v. Austin, 112 Ga. 61.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

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Simmons, C. J.

1. A clerk in a retail store, whose duties are such as to keep him employed one half of his time in “ drudgery and hard work,” one fourth of his time “ in waiting on customers in the sale of goods, and one fourth waiting for customer,” is a laborer within the meaning of the laws of this State exempting from garnishment the wages of laborers. Oliver v. Macon. Hardware Co., 98 Ga. 249; Stuart v. Poole, 112 Ga. 818.

2. The court below was right in sustaining the certiorari, but, instead of rendering a final judgment, should have ordered a new trial in the magistrate’s court. See Holmes v. Pye, 107 Ga. 784 ; Alabama R. Co. v. Austin, 112 Ga. 61.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

Pike v. Sutton, 42 S.E. 58, 115 Ga. 688, 1902 Ga. LEXIS 531 (Ga. 1902).

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Opinion

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