Richardson v. Kaufman

• Decision Date: 09 February 1905
• Citation: 39 So. 368,143 Ala. 243
• Parties: RICHARDSON v. KAUFMAN.
• Court: Alabama Supreme Court

39 So. 368

143 Ala. 243

RICHARDSON v. KAUFMAN.

Supreme Court of Alabama

February 9, 1905

Appeal from Circuit Court, Marengo County; A. H. Alston, Judge.

Action instituted before a justice of the peace by L. Kaufman against William Richardson. From a judgment sustaining a garnishment in favor of plaintiff, defendant appeals. Reversed.

It appearing before the justice of the peace that the only indebtedness of the garnishee to the defendant was for wages less than $25, and under employment for personal services at a wage of less than said sum, the garnishment was dismissed and judgment for costs rendered against the plaintiff. Plaintiff appealed to the circuit court. In the circuit court the garnishee moved that the writ of garnishment be dismissed and the garnishee discharged, on the ground that it appeared that the only indebtedness to the defendant was for wages as a laborer under a contract for his services at a sum less than $25 per month. This motion was overruled, and judgment rendered against the garnishee.

McDaniel & Powell, for appellant.

Abrahams & Simon, for appellee.

McCLELLAN C.J.

Section 2038 of the Code of 1896, as amended by the act of February 23, 1899, is as follows: "The wages, salaries or other compensation of laborers or employés, residents of this state, for personal services to the amount of twenty-five dollars per month, shall also be exempt from levy under writ of garnishment or other process for the collection of such debts, and when the fact of such indebtedness is disclosed by the answer of the garnishee the levy shall be void and the same shall be dismissed by the court before whom filed unless the plaintiff in garnishment shall contest the answer of the garnishee, as now provided by the law in such cases." Acts 1898-99, p. 37. The language of this statute is too plain to require or to admit of construction. There is no uncertainty or ambiguity to be relieved or removed by considerations dehors the words the Legislature has employed. The directly expressed and obvious purpose was to take away the process of garnishment as a means of subjecting to the payment of debts the wages, etc., of laborers and employés to the extent of $25 per month in all cases. No exception is made in respect of debts as to which the debtor has waived his exemptions. There is no hint of such an exception. The plain words of the act would have to be emasculated of their universal meaning to...