Brusie v. Griffith
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. This was an action to recover possession of certain two horses and their harness from defendant Griffith, who was Sheriff of El Dorado County, and had levied upon and taken said property from plaintiff under executions issued on judgments against plaintiff and in favor of defendants Hume and King.
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Appeal from the District Court, Eleventh Judicial District, El Dorado County. This was an action to recover possession of certain two horses and their harness from defendant Griffith, who was Sheriff of El Dorado County, and had levied upon and taken said property from plaintiff under executions issued on judgments against plaintiff and in favor of defendants Hume and King. The plaintiff in his complaint claimed said property as exempt from said executions, and averred that at the time of said levy he was a teamster and laborer, and habitually earned a living for himself and family with said…
1Opinion of the Court
By the Court, Sandersoh, J.:
The third subdivision of section two hundred and nineteen of the Practice Act relates exclusively to exemptions in favor of judgment debtors who are farmers, and therefore has no application whatever to this case, for it is not pretented that the plaintiff was engaged in farming, or that the team 'was being used by him in the prosecution of that business.
The case falls under the sixth subdivision, which reads as follows : 4‘ Two oxen, two horses, or two mules, with their harness, and one cart or wagon, by the use of which a cart-man, huckster, peddler, teamster, or…
2Cited by12 opinions
- Elder v. WilliamsNevada Supreme Court · 1882
- Wildner v. FergusonSupreme Court of Minnesota · 1889
- Bertozzi v. SwisherCalifornia Court of Appeal · 1938
- In re the Estate of BaldwinCalifornia Supreme Court · 1886
- Edgecomb v. His CreditorsNevada Supreme Court · 1885
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