Legal Opinion · Dissent

Davis v. Schultz

Court of Appeals of Texas

Decided December 1, 1971No. 15018Published

1DissentCadena, Justice

The discriminatory treatment of restaurant operators in connection with the interpretation of our exemption statutes apparently began with two decisions in 1882. In Heidenheimer Bros. v. Blumenkron, 56 Tex. 308, it was held that the exemption, applicable only to a family, of household and kitch*806en furniture from forced sale did not apply to furniture which was not “on hand and used by” the family claiming the exemption. The fact that the furniture in question was being used in the operation of a hotel was merely alluded to for the purpose of supporting the conclusion that the furniture was not…

2Cases cited6 opinions

  1. Heidenheimer Bros. v. BlumenkronTexas Supreme Court · 1882
  2. Betz v. MaierCourt of Appeals of Texas · 1896
  3. Harris v. ToddCourt of Appeals of Texas · 1913
  4. Lopez v. NaegelinCourt of Appeals of Texas · 1933
  5. McBrayer v. CravensTexas Commission of Appeals · 1924

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