Chapman v. Berry

Citations

• 73 Miss. 437

Syllabus

<p>1. Exempt Property. Wages of laborer. Catrnishment. Code of 1893, Ü 1963, subdim. 10 (a).</p> <p>Under code of 1893, § 1963, subdiv. 10 (a), exempting from garnishment the wages of a laborer or other person working for wages, who is the head of a family, to the amount of $100, a judgment debtor who is the head of a family and working for wages at $81 per month, payable monthly, is entitled to demand and receive his wages as they fall due monthly, notwithstanding the garnishment of his employer, and where such garnishment is returnable several months after the service thereof, neither the amount then due, when less than $100, nor such other wag-es as the debtor may earn in the interval preceding judgment, under the same contract with the garnishee, can be subjected in the proceeding, since the statute in question was designed for the protection of the debtor’s family, and cannot be given a construction that would defeat its beneficent purpose. Chandler v. White, 71 Miss., 161, cited.</p> <p>3. Same. Rights of debtor. Payment by garnishee.</p> <p>Where the amount due to the debtor at the service of the garnishment was less than $100, and the amount remaining due to him at the time of judg-ment, exclusive of the sum due at the time of service, is, in consequence of payments properly made by the garnishee. also less than $100, the garnishee should be discharged, for the creditor took nothing by his garnishment when the wages due were less than $100, and, excluding what was then due, there would remain no excess over $100.</p>