§ 16-110-414 — Garnishment against railroad for certain wages after judgment

(a) No garnishment shall be issued by any court in any cause where the sum demanded is two hundred dollars ($200) or less, and where the property sought to be reached is wages due to a defendant by any railroad corporation, until after judgment has been recovered by the plaintiff against the defendant in the action. (b) (1) No railroad corporation shall be required to make answer to, nor shall any default or other liability attach because of its failure to answer any interrogatories propounded to it, in any action against any person to whom it may be indebted on account of wages due for personal services, where a writ of garnishment was issued in advance of the recovery by plaintiff of a personal judgment against the defendant in any action for two hundred dollars ($200) or less. (2) Any judgment rendered against any railroad corporation for its failure or refusal to make answer to any garnishment so issued before the recovery of final judgment in the action between the plaintiff and defendant in the cases mentioned in subsection (a) of this section shall be void. Any officer entering such a judgment or who may execute or attempt to execute the judgment shall be taken and considered a trespasser.

Legislative History

Acts 1897 (Ex. Sess.), No. 43, §§ 1, 2, p. 109; C. & M. Dig., §§ 4907, 4908; Pope's Dig., §§ 6120, 6121; A.S.A. 1947, §§ 31-502, 31-503.