Legal Opinion

Swanz v. Clark

Montana Supreme Court

Decided October 20, 1924No. 5,534PublishedCited by 8 opinions

1Opinion of the Court

MR. JUSTICE. HOLLOWAY

delivered the opinion of the court.

This action in claim and delivery was instituted to recover possession of an ophthalmometer and stand, a spectacle trial case, a retinoscope and spectacle frames, which had been seized by the defendant as sheriff of Wlheatland county under a writ of attachment. From a judgment entered upon a directed verdict in favor of plaintiff, the defendant appealed.

The only,question necessary to.be determined is whether the instruments in controversy are exempt from seizure under attachment or execution.

While this court is committed to the doctrine…

2Cases cited4 opinions

  1. Mennell v. WellsMontana Supreme Court · 1915
  2. Maxon v. PerrottMichigan Supreme Court · 1868
  3. State v. YeggeSouth Dakota Supreme Court · 1905
  4. Whitcomb v. ReidMississippi Supreme Court · 1856

3Cited by8 opinions

  1. People v. ThompsonCalifornia Court of Appeal · 1935
  2. State Upon the Information of McKittrick v. Gate City Optical Co.Supreme Court of Missouri · 1936
  3. In Re Metcalf's EstateMontana Supreme Court · 1933
  4. Petrich v. FrancisCalifornia Court of Appeal · 1927
  5. In Re ChallinorUnited States Bankruptcy Court, D. Montana · 1987

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