Cowan v. Main
Wisconsin Supreme Court
APPEAL from the Circuit Conrt for Dane County. Replevin, commenced in Jnne, 1868, for a certain amount of corn and hay, and a mare, seized by the defendants Main and McDougal, as sheriff and under sheriff of said county, about the 26th of May, 1868, on an execution against the plaintiff herein, and in favor of the defendant Thompson.
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APPEAL from the Circuit Conrt for Dane County. Replevin, commenced in Jnne, 1868, for a certain amount of corn and hay, and a mare, seized by the defendants Main and McDougal, as sheriff and under sheriff of said county, about the 26th of May, 1868, on an execution against the plaintiff herein, and in favor of the defendant Thompson. The plaintiff testified, that on the day last mentioned he owned the property in dispute, and lived upon the farm where it was ; that he had two cows, a yoke of oxen, the mare, a couple of calves and six hogs; that there were also on the farm a pair of horses and…
1Opinion of the CourtCole, J.
The only question we shall consider is, whether a debtor is entitled to food necessary for the number of animals enumerated in the statute as exempt, whether he has at the time being the full number or not. The circuit court decided that he is, and so instructed the jury, that the debtor could claim food sufficient to keep the exempt animals specified in the statute, whether he had them at the time of the levy or not. We are inclined to hold that this is an erroneous construction of the provisions of the exemption statute.
The seventh subdivision of section 31, chap. 134, after enumerating the…
2Cases cited1 opinion
- King v. MooreMichigan Supreme Court · 1862
3Cited by2 opinions
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