Kirkman v. Bird
Utah Supreme Court
(Appealed to the U. S. Supreme Court.) Appeal from the Third District Court Salt Lake County. Hon. A. N. Cherry, Judge. The facts in this case were undisputed, and the real controversy was as .to .the constitutionality of the exemption law of Utah, section 7, page 99, Session Laws of 1899, exempting absolutely the yvages of a married man for sixty days next preceding the levy of execution or garnishment.
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(Appealed to the U. S. Supreme Court.) Appeal from the Third District Court Salt Lake County. Hon. A. N. Cherry, Judge. The facts in this case were undisputed, and the real controversy was as .to .the constitutionality of the exemption law of Utah, section 7, page 99, Session Laws of 1899, exempting absolutely the yvages of a married man for sixty days next preceding the levy of execution or garnishment. From a judgment determining the constitutionality of the. exemption law, plaintiff appealed. The exemption laws in force when the indebtedness herein accrued, are as follows: Sec. 2439, Vol.…
1Opinion of the CourtBaskin, J.
There is no controversy in regard to the facts in this ■ case which are, as follows:
That on the 13th of May, 1896, the defendant was indebted to the plaintiff for goods and merchandise previously sold by the latter to the defendant ; that on that *109day the plaintiff recovered on said indebtedness, a judgment for $285.47, and costs amounting to $11.25; that on . the 12th of December, 1899, an execution was issued on said judgment, and the Rio Grande Western Railway Company was garnisheed; that said company, on the 28th of December, 1899, answered “that it was indebted to the defendant in the sum…
2Cases cited8 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCulloch v. MarylandSupreme Court of the United States · 1819
- McGahey v. VirginiaSupreme Court of the United States · 1890
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3Cited by7 opinions
- In Re StewartUnited States Bankruptcy Court, D. Utah · 1983
- Folsom v. AsperUtah Supreme Court · 1903
- Morgan v. Utah Board of State LandsUtah Supreme Court · 1968
- Salt Lake Electric Supply Co. v. WestUtah Supreme Court · 1919
- Salter v. Nelson, County TreasurerUtah Supreme Court · 1935
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