Supreme Court of Georgia, 1902

Pike v. Sutton

Pike v. Sutton
Supreme Court of Georgia · Decided June 9, 1902 · Simmons
115 Ga. 688; 42 S.E. 58; 1902 Ga. LEXIS 531
Pike v. Sutton

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Simmons, C. J.

1. A clerk in a retail store, whose duties are such as to keep him employed one half of his time in “ drudgery and hard work,” one fourth of his time “ in waiting on customers in the sale of goods, and one fourth waiting for customer,” is a laborer within the meaning of the laws of this State exempting from garnishment the wages of laborers. Oliver v. Macon. Hardware Co., 98 Ga. 249; Stuart v. Poole, 112 Ga. 818.

2. The court below was right in sustaining the certiorari, but, instead of rendering a final judgment, should have ordered a new trial in the magistrate’s court. See Holmes v. Pye, 107 Ga. 784 ; Alabama R. Co. v. Austin, 112 Ga. 61.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

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