Emerson v. Leonard
Supreme Court of Iowa
Appeal from Keokuk• Superior Court. — Hon. Henry Bank, Jr., Judge. Action to recover rent due. A landlord’s attachment was issued and’ levied upon certain personal property owned by the defendant. She appeared in the action, and' claimed the property as exempt from exe>cution. There was a trial by the court, and a judgment in favor of the plaintiff for the amount of her claim, and establishing a lien therefor on the property upon which the attachment was levied.
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Appeal from Keokuk• Superior Court. — Hon. Henry Bank, Jr., Judge. Action to recover rent due. A landlord’s attachment was issued and’ levied upon certain personal property owned by the defendant. She appeared in the action, and' claimed the property as exempt from exe>cution. There was a trial by the court, and a judgment in favor of the plaintiff for the amount of her claim, and establishing a lien therefor on the property upon which the attachment was levied. The defendant appeals.—
1Opinion of the CourtBobinson, J.
The question to be determined is whether the defendant was, at the time the property was seized, the head of a family, within the meaning of section 3072 of the Code. That permits a debtor who “is a resident of this state, and is the head of a family,” to hold exempt from, execution certain property, and it is admitted that if the defendant was the *312head of a family the property seized' was exempt from attachment, and the judgment of the superior court was erroneous. The defendant was married in the year 1873, and has resided in the city of Keokuk continuously since that time, excepting a…
2Cases cited2 opinions
- Tyson v. ReynoldsSupreme Court of Iowa · 1879
- Linton v. CrosbySupreme Court of Iowa · 1881
3Cited by9 opinions
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- Fullerton v. SherrillSupreme Court of Iowa · 1901
- Umbarger v. State Farm Mutual Automobile InsuranceSupreme Court of Iowa · 1934
- Blair v. FritzSupreme Court of Iowa · 1913
- Armstrong-McClenahan Co. v. RhoadsSupreme Court of Iowa · 1917
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