Smith v. Izlar

• Decision Date: 03 March 1904
• Citation: 46 S.E. 831,119 Ga. 615
• Parties: SMITH . v. WALKER & IZLAR.
• Court: Georgia Supreme Court

46 S.E. 831

119 Ga. 615

SMITH .

v.WALKER & IZLAR.

Supreme Court of Georgia.

March 3, 1904.

GARNISHMENT—WAGES OF ENGINEER.

1. This case is controlled by the decision of this court in Sanner v. Shivers, 76 Ga. 335, wherein it was held that the "monthly wages of a locomotive engineer in the employment of a railroad corporation are not subject to the process of garnishment in this state." As a finding in favor of the prevailing party below was demanded by the evidence, the trial court erred in setting aside the verdict of the jury.

(Syllabus by the Court.)

Error from City Court of Waycross; J. C. Reynolds, Judge.

Action by J. M. Smith against Walker & Izlar. From an order setting aside a verdict in favor of Smith, he brings error. Reversed.

Leon A. Wilson, for plaintiff in error.

J. Walter Bennett, for defendants in error.

TURNER, J. Judgment reversed. All the Justices concurring, except SIMMONS, C J„ absent on account of sickness.