76 Ga. 98 | Ga. | 1885
[Curran sued Fleming in a justice’s court and garnished the East Tennessee, Virginia and Georgia Railroad. The garnishee answered that it was-indebted to .Curran $46 for daily wages as a brakeman. A judgment was rendered in the main case against the defendant, and on the garnishment a judgment was rendered in favor of the plaintiff against the garnishee for $85.35, which was the amount of principal, interest and costs in the main case. The money Avas paid to the justice, but before it Avas disposed of by him, he Avent out of office, and his successor Avas sworn in, leaving the fund in his hands. Fleming brought a rule against him in the superior court, claiming the money as his wages as a laborer.
The respondent answered, showing substantially the facts stated above as to the garnishment, judgment, retiring from office, etc., and setting out that $4.20 of the amount of the judgment was for his costs. It was admitted that the money was the proceeds of the daily) weekly or monthly wages of Fleming as a laborer.
The' presiding judge ordered that the fund be paid to