King v. Moore
Michigan Supreme Court
Case made after judgment from St. Joseph Circuit. Elizabeth .King, the wife' of Amos S. King, brought an action of trespass against Moore, before a justice of the peace, for the taking of certain corn and potatoes, and corn fodder, on an execution against said Amos — the said articles being claimed as exempt from execution.
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Case made after judgment from St. Joseph Circuit. Elizabeth .King, the wife' of Amos S. King, brought an action of trespass against Moore, before a justice of the peace, for the taking of certain corn and potatoes, and corn fodder, on an execution against said Amos — the said articles being claimed as exempt from execution. The cause being removed by appeal to the Circuit Court, it was admitted by the parties on the trial there, that said Amos was the owner of four acres of land in said county, upon which he resided with his family, and that all his personal property did not. exceed two…
1Opinion of the Court
Ohristiancy J.:
Several questions have been raised in this case,. all of which, however, may be resolved in the three following:
■First. Can the action of the wife, under § 8294 of Compiled Laws, for property taken on execution against the husband, and which was exempt, be defeated by showing that the property was turned out by the husband to be levied upon ?
In answer to this question, we think it clear her action cannot thus be defeated. The exemption is intended quite as much for the benefit of the wife and family, as that of the husband. The same reasoning applies here as in *540the case of a…
2Cases cited1 opinion
- Beecher v. BaldyMichigan Supreme Court · 1859
3Cited by12 opinions
- Dean v. McMullenOhio Supreme Court · 1924
- Boman v. Wolverine Power Co.Michigan Supreme Court · 1934
- Allen v. CraneMichigan Supreme Court · 1908
- Cochran v. HarveySupreme Court of Georgia · 1892
- Cowan v. MainWisconsin Supreme Court · 1869
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