Legal Opinion · Dissent

Schooley v. Schooley

Supreme Court of Iowa

Decided October 25, 1918Published

Appeal from Woodbury District Court. — W. G. Sears, Judge. The opinion states the case.

1DissentSalinger, J.

(dissenting). — I. In my opinion, the fact that the statute gives exemption to no one but a “debtor,” does not decide this case. That none but debtors have an exemption is a limitation upon who may claim exemption, rather than a declaration that all debtors may claim it. I think that all accomplished by limiting exemption rights to “debtors,” is that, if an- alimony judgment is not a “debt,” there is no exemption as to such a judgment; and that using the word “debtor” does not settle whether such judgment is or is not a debt. If it is not a debt, then, as exemptions bar nothing but the…

2Cases cited50 opinions

  1. Wetmore v. MarkoeSupreme Court of the United States · 1904
  2. Audubon v. ShufeldtSupreme Court of the United States · 1901
  3. Dunbar v. DunbarSupreme Court of the United States · 1903
  4. Boynton v. BallSupreme Court of the United States · 1887
  5. Romaine v. . ChaunceyNew York Court of Appeals · 1892

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