Southall v. Blount, 11218.

• Decision Date: 17 April 1936
• Docket Number: No. 11218.,11218.
• Citation: 185 S.E. 221,117 W.Va. 209
• Parties: SOUTHALL. v. BLOUNT et al.
• Court: Georgia Supreme Court

117 W.Va. 209

185 S.E. 221

SOUTHALL.

v.BLOUNT et al.

No. 11218.

Supreme Court of Georgia.

April 17, 1936.

Syllabus by the Court.

Section 46-213 of the Code of 1933 (Ga. Laws 1914, p. 99, 112), relating to exemption of benefits to be paid by fraternal benefit s6-cieties, is not violative of article 9, sections 1 and 4, of the Constitution (sections 2-7201, 2-7501), providing for exemption from levy and sale of the property of certain specified persons, realty, or personalty, or both, to the value in the aggregate of $1,600; such provision not being a limitation upon legislative power as to a species of property not therein dealt with and not being applicable to cases of exemption of "money or other benefit" payable by a fraternal benefit society as provided in section 46-213, supra.

Error from Superior Court, Richmond County; A. L. Franklin, Judge.

Garnishment proceeding by T. J. South-all, holder of a fi. fa. against Mrs. Mollie E Blount, against the Sovereign Camp of the Woodmen of the World. To review a judgment discharging the garnishee and ordering the fund paid to defendant in fi. fa., plaintiff in garnishment brings error.

Affirmed.

Thos. L. Hill and Fleming & Fleming, all of Augusta, for plaintiff in error.

Pierce Bros, and Hull, Barrett & Willingham, all of Augusta, for defendants in error.

HUTCHESON, Justice.

T. J. Southall, the holder of a fi. fa. against Mrs. Mollie E. Blount, sued out a garnishment based on the fi. fa., which was served on Sovereign Camp of the Woodmen of the World. The garnishee answered indebted in the sum of $1,039.51, but alleged that said sum was exempt from garnishment under the Code of 1933, § 46-213 (Ga. Laws 1914, p. 99, 112). The defendant in fi. fa. filed her intervention, in which she adopted the answer of the garnishee, and prayed that the fund be ordered paid over to her. The plaintiff filed a traverse and a motion to strike the answer of the garnishee, on the grounds that section 46-213 is violative of article 9, § 1, and section 4, of the Constitution of the state (Code 1933, §§ 2-7201, 2-7501), in that the Constitution specifies what property of a debtor is exempt from claims of creditors, and is exhaustive of the subject-matter of exemptions; that, as money is not included in the property so specified, the Legislature is without authority to exempt it from the claims of creditors. The court held the statute constitutional as against this attack, discharged the garnishee, and ordered the fund paid to the defendant in fi. fa. The plaintiff excepted.

The Code of 1933, § 46-213, provides that "No money or other benefit, charity or relief, or aid to be paid, provided, or rendered by any fraternal benefit society mentioned in section 56-1601 shall be liable to attachment, garnishment or other process or be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment." Article 9, section 1, of the Constitution of the state, is as follows: "There shall be exempt from levy and sale by virtue of any process whatever under the laws of this State, except as hereinafter

[185 S.E. 322]

excepted, of the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged, or infirm person, or person having the care and support of dependent females of any age, who is not the head of a family, realty, or personalty, or both to the value in the aggregate of sixteen hundred dollars." Article 9, section 4, provides that "The General Assembly shall provide by law, as early as practicable, for the setting apart and valuation of said property. But nothing in this article shall be construed to affect, or repeal the existing laws for exemption of property from sale, contained in the present Code of this State * * * and the acts amendatory thereto. It may be optional with the applicant to take either, but not both of such exemptions." See Code of 1933, §§ 51-1301 to 51-1405, 51-1501, 51-1502, 51-1504.

The exemption provided for in article 9, § 1...