Buchanan v. Nix

• Decision Date: 24 January 1911
• Docket Number: (No. 2,675.)
• Citation: 8 Ga.App. 565,70 S.E. 28
• Court: Georgia Court of Appeals
• Parties: BUCHANAN. v. ECHOLS & NIX.

70 S.E. 28

8 Ga.App. 565

BUCHANAN.

v.ECHOLS & NIX.

(No. 2, 675.)

Court of Appeals of Georgia.

Jan. 24, 1911.

(Syllabus by the Court.)

Exemptions (§ 48^*)—Justices of the Peach (§§ 194, 202*) — Review — Appeal or Certiorari—Property Exempt from Garnishment— "Laborer. ''

Whether a particular clerk or other employe is a "laborer, " within the terms of section 4732 of the Civil Code of 1895, is generally a question of fact, dependent upon whether his duties are mainly physical or mental. Howell v. Atkisson, 3 Ga. App. 58, 59 S. E. 316; Oliver v. Macon Hardware Co., 98 Ga. 249, 25 S. E. 403, 58 Am. St. Rep. 300. Unless the judgment of the justice of the peace was contrary to law, for the reason that there was no evidence to support it, appeal, and not certiorari, was the proper method by which the error should have been assigned. Toole v. Edmond-son, 104 Ga. 776. 31 S. E. 25. But, even if the judgment which it was sought to review by certiorari was contrary to law, no assignment of error based upon that ground is contained in the petition for certiorari. For these reasons, the judge of the superior court did not err in refusing to sanction the petition for certiorari.

[Ed. Note.—For other cases, ese Exemptions, Cent. Dig. §§ 64-72; Dec. Dig. § 48;* Justices of the Peace, Cent. Dig. §§ 774, 775, 784; Dec. Dig. §§ 194, 202.*

For other definitions, see Words and Phrases, vol. 5, pp. 3952-3908; vol. 8, p. 7700.]

Error from Superior Court, Fulton County; J. T. Pendleton, Judge.

Action between H. C. Buchanan and Echols & Nix. From the judgment, Buchanan brings error. Affirmed.

Scott & Davis, for plaintiff in error.

Wm. H. Underwood, for defendants in error.

RUSSELL, J. Judgment affirmed.

*. For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes