Legal Opinion · Dissent

Holdorf v. Holdorf

Supreme Court of Iowa

Decided March 17, 1919Published

Appeal from Pottmoattaonie District Court. — J. B. Rockafellow, Judge. Action at law to recover the possession of personal property. The court having sustained a demurrer to defendant’s answer, she elected to stand on her pleading, and from the judgment entered against her, she appeals.-

1DissentStevens, J.

The grounds upon which the decision of the majority is based are not very clear to me. Apparently, the thought of the writer is that the legislature, by the enactment of statutes exempting from execution sale certain personal property of the debtor who is the head of a family, intended that same should be so construed as to operate as a denial of the authority of. the husband to sell the same, under certain conditions. The statutes which are material to my discussion of this case are as follows:

“Sec. 4008. If the debtor is a resident of this state and the head of a family, he may hold exempt…

2Cases cited6 opinions

  1. Grover v. YounieSupreme Court of Iowa · 1900
  2. Malvin v. ChristophSupreme Court of Iowa · 1880
  3. State v. MillsSupreme Court of New Jersey · 1895
  4. Waugh v. BridgefordSupreme Court of Iowa · 1886
  5. Dowling & Allgood v. WoodSupreme Court of Iowa · 1904

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API