Burt v. Stocks Coal Co.
Supreme Court of Georgia
Certiorari. Before Judge Lumpkin. Fulton superior court. April 29, 1903. An execution in favor of Stocks Coal Company against W. P. Burt, a dentist, was levied upon a dentist’s chair, which was claimed as exempt both as a chair and as a common tool of trade of himself under the statutory or short homestead.
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Certiorari. Before Judge Lumpkin. Fulton superior court. April 29, 1903. An execution in favor of Stocks Coal Company against W. P. Burt, a dentist, was levied upon a dentist’s chair, which was claimed as exempt both as a chair and as a common tool of trade of himself under the statutory or short homestead. Civil Code, §2866, par. 5, 8. The schedule of exempted property included “ 1 dental chair (tool of trade), $75.00,1 lounge, 2 tables, 6 cbairs, one carpet, and other office fixtures, wearing apparel, $50.00,” besides other property not material to the questions here involved. The property…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) It is not neces'sary to determine whether Civil Code, § 2866, par. 8, was intended to make a distinction between trade and profession; for the phrase “common tools of trade” therein has uniformly been construed to refer, not to tools in common use by the debtor regardless of their value, but to those simple and inexpensive appliances used in his *630■trade. Lenoir v. Weeks, 20 Ga. 596; Kirksey v. Rowe, 114 Ga. 893. Nor does the dentist chair come within the Civil Code, §2866,par. 5, exempting “one table and set of chairs sufficient for the use of the family.”…
2Cases cited2 opinions
- Kirksey v. RoweSupreme Court of Georgia · 1902
- Lenoir v. WeeksSupreme Court of Georgia · 1856
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- Curry v. Dial Finance Corp. (In Re Curry)United States Bankruptcy Court, N.D. Georgia · 1982
- South Atlantic Production Credit Ass'n v. Jones (In Re Jones)United States Bankruptcy Court, M.D. Georgia · 1988
- Nell CadyUnited States Bankruptcy Court, S.D. Georgia · 2025