Legal Opinion

State ex rel. Burt v. Allen

West Virginia Supreme Court

Decided April 21, 1900PublishedCited by 25 opinions

Error to Circuit Court, Ohio County. Action by the State to use of Louis Burt, against James Allen and others. Judgment for plaintiff, and defendants bring error.

1Opinion of the Court

Judge:

F. A. Blum sued Louis Burt before a justice of Ohio County, and sued out an attachment, which was levied on Burt’s goods and chattels. Burt claimed that the property levied upon was exempt under section 23, chapter 41, Code, exempting, in favor of a husband or parent, personal property of two hundred dollars in value; but the constable sold the property, disregarding Burt’s claim of exemption. The constable was one specially deputed by the justice in the case, not a regular bonded constable. Burt returned to the State before the sale. After the sale of the property Burt brought this…

2Cases cited3 opinions

  1. State v. NutterWest Virginia Supreme Court · 1898
  2. White v. TennantWest Virginia Supreme Court · 1888
  3. Hall v. Norfolk & W. R.West Virginia Supreme Court · 1897

3Cited by25 opinions

  1. Union National Bank v. FinleyIndiana Supreme Court · 1913
  2. Atkinson v. Washington & Jefferson CollegeWest Virginia Supreme Court · 1903
  3. Grimestad v. LofgrenSupreme Court of Minnesota · 1908
  4. In Re MorrellUnited States Bankruptcy Court, N.D. West Virginia · 2008
  5. ACF Industries, Inc. v. Credithrift of America, Inc.West Virginia Supreme Court · 1984

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