4 Willson 93 | Tex. App. | 1890
Opinion by
§ 59. Garnishment; “current wages;” pay of physician for services as such are; case stated. S. W. Sydnor, appellant, having a judgment against Samuel A. Towsey for $196.96, garnished the city of Galveston. At the time of the' service of said garnishment said city owed Towsey $1,680 for services rendered by him as a physician in treating small-pox patients. Towsey rendered said services under a contract of employment made with him by the city, in which contract it was stipulated that he should he paid by said city $30 per day during the time that he should render such services. Before the service of the writ of garnishment, and soon after the money to pay said Towsey had been appropriated, he demanded said money of the ©ity, but before said demand the city had been garnished at the suit of another of Towsey’s creditors for the sum of $200. The city proposed to pay Towsey all of his claim except $300, retaining that amount to meet said garnishment last named. Towsey declined to accept less than the whole amount due him, and sought the advice of a lawyer, who advised him to receive the money less the $300, and leave that amount to abide the decision of said garnishment. Tow-
It is contended by counsel for appellant that the money in question is not current wages for personal service, within the meaning of the constitution and laws of this state, and is therefore not exempt from garnishment. We are of the opinion that the money is current wages for personal services. It was earned by Towsey, under contract with the city, by rendering personal services in treating professionally as a physician, and in nursing small-pox patients, and he was to receive a stipulated sum per day for such services. “Current wages’’are such compensation for personal services as are to be paid periodically, or from time to time, as the services are rendered; as where the services are to be paid for by the hour, day, week, month or year.- Such as that, the compensation, therefore, is measured by the time of the continuance of the service. [3 Civil Cas. Ct. App. 462.] Towsey’s services were of this character, and were within the meaning of the constitution and laws exempting current wages for personal service.
It is contended further by counsel for .appellant that, although the money might once have been current wages, it had ceased to be such at the time of the service of the writ of garnishment; that it was past due, and had become accumulated wages voluntarily left in the city treasury by Towsey. We do not think that this position is maintainable under the facts of this case. It is true that the wages were measured by the day, but it
Affirmed.